case management statement

Cal. Super. - 1st Dist.June 8, 2020

ATTORNEY OR PARTY wITHOUT ATTORNEY IN me. Stale Bar number, and addresst FOR COURT USE ONLY CM-110 Paul W. Berninq (SBN 124141) 2381 Mariner Square Dnve, Suite 180 Alameda, CA 94501 TELEPHONE NO 510-863-81 18 FAX NO foptonag E-MAIL ADDREss (DPI o ag paulberning@paulberninglaW.COm ATTottNEY FQR (Namel Angotti 8, Reilly, Inc. supERioR couRT DF cAUFORMA, couNTv DF San Francisco sTREET ADDREss 400 McAllister Street MniuNO ADDREss 400 McAllister Street DITYAND20'coo'an Francisco, Ca 94102 BRANcHNAME Civil PLAINTIFF/PETITloNER Angotti & Reilly, Inc. DEFENDANTIREsPQNDENT'usic City Hotel, LLC (Check one): CASE MANAGEMENT STATEMENT UNLIMITED CASE EZ LIMITED CASE (Amount demanded (Amount demanded ts $25,000 exceeds $25,000) or less) CASE NUMBER CGC-18-571979 A CASE MANAGEMENT CONFERENCE is scheduled as follows. Date 2/26/2020 Time 10:30 a.m. Dept 610 DIM Room Address of court (if different from the address above) Notice of Intent to Appear by Telephone, by (name): Paul yy. Berning and Joseph C McGowan 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 (nama). b. ~v This statement is submitted jointly by parties (names) Angotti & Reilly, Inc, and Music City Hotel, LLC 2 Complaint and cross-complaint (to Oe answered by p/atnttffs and cross-compiainants on/y) a The complaint was filed on (data). December 10, 2018 b ~K The cross-complaint, if any, was filed on (date). March 15, 2019 3. Service (to Oe answered by piainttffs and cross-comp/ainants only) a ~V All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and exp/ain why noi) (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names) c ~ The following additional parties may be added (specify names, nature ofinvoivemeni in case, and date Oy which they may Oe served) 4 Description of case a Type of case in complaint ~ cross complaint (Descnbe, inciudmg causes of action) Breach of contract, quantum meruit, foreclosure of mechanics lien and prompt payment penalties based on allegations of failure to pay for construction services. Form Adopted tor Mandaton Use J dc at Counnl of Caafo na CM 110 IRev Julv I 2011I CASE MANAGEMENT STATEMENT Pane I of 6 cal Rules of coun les 3 720-3 730 v coons ca gov ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 02/06/2020 Clerk of the Court BY: DARLENE LUM Deputy Clerk CM-110 (If more than one party, provide the name of each party t PLAINTIFF/PETITIONER Angotti S Reilly, Inc. CGC-18-571979 DEFENDANT/RESPONDENT, Music City Hotel, LLC 4. b Provide a bnef statement of the case, including any damages. (If personal inlury damages are sought, specify the in)ury and damages claimed, including medical expenses to date (indicate source and amount), estrmated future medical expenses, lost earnings to date, and estimated future lost earnings if equitable rehefis sought, descnbe the nature oflhe relief) Plaintiff provided construction services to defendant. Defendant paid for some but not all of the serwces. Plaintiff contends that an additional $71,047.51 is owed for the services, plus interest, prompt payment penalties and attorney fees. Defendant disputes Plaintiff's claim, and seeks a refund and additional costs and lost income caused by the delays caused by Plaintiff. (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 H a lury tnal CV a noniury trial requesting a Iury Inal) 6. Trial date a ~ The tnal has been set for (dale). b ~~ No tnal 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) Matter stayed pending binding arbitration. c Dates on which parties or attorneys will not be available for tnai (specify dales and explain reasons for unavailabihty) 7 Estimated length of trial The party or parties estimate that the tnal will take (check one). a ~y'ays (specify number) 3 b ~ hours (short causes) (spemfy) 8 Trial representation (Io be answered fcr each party) The party or parties will be represented at tnal ~ by the attorney or party listed in trie caption ~ by the following a Attorney b Firm c Address d. Telephone number f Fax number e E-mail address' Party represented Additional representation is descnbed in Attachment 8. 9 Preference 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 for information about the processes available through the court and community programs in this case (1) For parties represented by counsel. Counsel K has H 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 H has W has not reviewed the ADR information package identified in rule 3221 b Referral to judicial arbitration or civil action mediation (if available) (1) ~ This matter is subiect to mandatory ludicial arbitration under code of civil Procedure section 1141 11 or to evil action mediation under Code of Ciwl Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit (2) ~ Plaintif elects to refer this case to judioal arbitration and agrees to limit recovery to the amount speafied in Code of Civil Procedure section 1141.11 (3) ~ This case is exempt fromiudiciai arbitration under rule 3811 ofthe California Rules of Courtor from civil action mediation under Code of Ciwl Procedure section 1775 et seq (specify exemption) Clyl-110 IRe July 1 2011) CASE MANAGEMENT STATEMENT Page2010 PLAINTIFF/PETITIONER. Angotti & Reilly, Inc EFENDANT/RESPONDENT Music City Hotel, LLC CASE NUMBER CGC-18-571979 CM-110 10 c Indicate the ADR process or processes that the party or parties are willing to partiapate in, have agreed to partiopate in, or have already participated in (check a/I that apply and provide the specified information) The party or parties completing this form are willing to participate in the following ADR processes (check a/I 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'DR stlpu/ation) (1) Mediation Mediation session not yet scheduled ~v'ediation session scheduled for (dafe)'/26/2020 Agreed to complete mediation by (dafa). Mediation completed on (date) (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (dafe) Agreed to complete settlement conference by (date) Settlement conference completed on (date). (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (data) C3 Agreed to complete neutral evaluation by (daie) Neutral evaluation completed on (data) (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judioal arbitration scheduled for (date). Agreed to complete judicial arbitration by (date) Judicial arbitration completed on (date) (5) Binding pnvate arbitration Pnvate arbitration not yet scheduled Pnvate arbitration scheduled for (date) Agreed to complete pnvate arbitration by (da/e) Pnvate arbitration completed on (data) (6) Other (specify) ADR session not yet scheduled ADR session scheduled for (daie) Agreed to complete ADR session by (daie) ADR completed on (date) CM-110 IRe 3 ly 1, 2011I CASE MANAGEMENT STATEMENT Page 3 of 6 PLAINTIFF/PE1ITIDNER Angotti & Reilly, Inc. DEFENDANT/REspoNDENT Music City Hotel, LLC CASE NUMBER CGC-18-571979 CM-110 11 Insurance a ~ Insurance earner, if any, for party filing this statement (name). b Reservation of nghts. H Yes M No c ~ Coverage issues will significantly affect resolution of this case (explain) 12 Jurisdiction Indicate any matters that may affect the court's lunsdiction or processing of this case and descnbe the status~ Bankruptcy H Other (specify) Status. 13. Related cases, consolidation, and coordination a ~ 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 C] 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, sevenng, or coordinating the following issues or causes of action (specify moving party, type of morion, and reasons) 15 Other motions The party or parties expect to file the following motions before tnal (specify mowng party, type of morion, and issues) 16 Discovery a. ~ The party or parties have completed all discovery b ~V The following discovery will be completed by the date specified (deeense ail anffcipated discovery) ~Part Descnotion Date Plaintiff and Defendant Plaintiff and Defendant Plaintiff and Defendant Document requests Interrogatories Depositions TBD TBD TBD c ~ The following discovery issues, including issues regarding the discoveqf of electronically stored information, are anticipated (specify) CM-110IRe J 111,2011) CASE MANAGEMENT STATEMENT Pg 4 15 PLAINTIFF/PETITIQNER Angotti & Reilly, inc. DEFENDANT/RESPONDENT Music City Hotel, LLC CASE NUMBER CGC-18-571979 CM-110 17. Economic litigation a ~ This is B limited ciwl case (i e, the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Cwii Procedure sections 90-98 will apply to this case b ~ This is a kmited 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 ktigafion procedures reiafing lo discovery or tnai should nof apply to this case): 18 Otherissues The party or parties request that the following additional matters be considered or determined at the case management conference (specify) Counsel for both parties request a continuation of this Case Management Conference for at least 90 days, as mediation in this matter with Eileen Diepenbrock is scheduled for February 26, 2020. Counsel have also commenced binding arbitration proceedings with Arbitrator Michael Timpane and the American Arbitration Assomation. Should the mediation and other settlement discussions fail, the arbitration will proceed. 19 Meet and confer a ~Y'he party or parties have met and conferred with all parties on all sublects required by rule 3 724 of the California Rules of Court (if not, exp(Bin) b After meeting and confernng 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 wntten authonty of the party where required Date: February 5, 2020 Paul yy. Berning (TYPE OR PRINT NAME) h (S NA RE OF PARTY OR ATTORNEYI Joseph C. McGowan I TYPE OR PRINT NAME) ~dditi OM 110(Re J ly1,2011I CASE MANAGEMENT STATEMENT Page 6 of 6 L Pl AINTIFFIFFTITIDNIIR Dl I CNDAN r/RESFQNIOENT Angotti 8 Reilly, inc Music Ci!y Hotel, LLC CRS IIIIMllf lt CGC-18-5 y)9(9 CM-110 I 'conomic litigation (, ] This is Ii lirriitod mwl case (i.e, Ihe amount demanded i $25,000 or loss) ond thc cconortuc litigation procodures 51 code of Cwil Procedure sections 90-98 will apply to Ibis case b I J This is a lirriited ciwl case and a motion to withdraw the case from the economic litigation piocedures or for additior1al discovery will be fried (tf cree)ted, exp(am speci(icslfy why economic lifigalion procedures rolafing fo dtscovoiy or iris) "(torrid ltof apply fo i(Pscase)'8 Other issues The party or parties 1 equesl Ihat the following addilional matters be considered or determined at lhe case management confeience (spectfy) Counsel for both parties request a continuation of this Case Management Conference for at least 90 days, as mediation in ibis matter with Eileen Diopenbrock is scheduled for February 26, 2020 Counsel have also conirnencod binding arbitration proceedings with Arbitrator Michaol Timpane and the American Arbitration Association Should the mediation and other settlement discussions fail, the arbitration will proceed 19 Meet and confer a ~y The party or parties have met and conferred with all parties on all sublects required by rule 3 724 of the Califorrua Rtrles of Coftrt (If nof, ox(2iftln), After moebng and conferrs1g as requtred by iuie 3 724 of the Caltfornta Rules of Court. Ihe parttes agme on tho following (specify)'0 Total number of pages ottachcd (If onyj 0 I am completely familiar with this case and will be fully prepared to discuss the status of discovery and altei native dispute resolufion as wali os othor issues Iaiood by this statement, and will possess tiie authot iiy Ilt outer irlio stipulations on ti1ese tssues at Ihe limo of the case management conference, including Ihe written authonty of tho party where required Date. February 5, 2020 Paul yy. Berninq tl Y PI ON PNINI NRMI , ') !I I (() i,(i,; ~l)4' 'Pt'U,."Iy) SIONR I Ul I')'RN' Y I IN R I I IPNf-Y Joseph C. McGowan 11 YI'I Ol PI1511 NRMI.) IslcNR rufll Ot PRIIIY ONR'ONNO Yt ~~ Additional signatures aro attached CRI 115 (N. IRII I 20111 CASE MANAGEMENT STATEMENT Pll 5 t5 PROOF OF SERVICE [C.C.P. g 1010.6, 1011, 1013, 1013a, 2015.5, C.R.C.g 1.21, 2.260, 2.306] I, Dawn Lorenzen, state: My business address is 311 California Street, 10th Floor, San Francisco, CA 94104. I am employed in the City and County of San Francisco where this service occurs or mailing occurred. The envelope or package was placed in the mail at San I'raii;isco, California. I am over the age of eighteen years and not a party to this action. On February 6, 2020, I served the following documents described as: ,IOINT CASE MANAGEMENT STATEMENT 10 on the following person(s) in this action addressed as follows: Attorneysfor Plaintiff: Paul W. Berning Angotti &Reilly, Inc. I.aw Offices ofPaul IK Berning 2381 Mariner Square Drive, Suite 180 Alameda, CA 94501 'I': 510-863-8118 E: pauiberningLaipaulberninglaw.corn 12 13 14 15 17 19 20 21 22 23 24 BY FIRS'I'LASS MAIL: I am readily familiar with my firm's practice for collection and processing of correspondence for mailing with the United States Postal Service, to-wit, that correspondencc will be deposited with the United States Postal Service this same day in the ordinary course of business. I sealed said envelope and placed it for collection and mailing on February 6, 2020, following ordinaiy business practices. BY Pl',RSONAL SERVICE: I caused such envelope(s) to be delivered by hand on February 6, 2020, to the offices of the addressee(s) between the hours of nine in the morning and five in the evening. BY EI,FCTRONIC SERVICE: Based on a couiS. order or an agreement of the parties to accept service by electronic transmission on February 6, 2020, I caused the documents to be sent to the person(s) at the electronic notification address(es) listed above. Within a reasonable time, the transmission was reporled as complctc and without error. BY OVERNIGII'I DELIVERY: On February 6, 2020, I caused such envelope to be delivered by a commercial carrier service for overnight delivery to the office(s) of the addressee(s), 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 exec ted this date at San Francisco, California. Dated: February 6, 2020 I Dawn Lor@zen 26 27 28 Proof of Service - Case No. CGC-18-571979 Page 1 498328 I