case management statement

Cal. Super. - 1st Dist.June 18, 2021

4820-6907-6690.1 Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Gregory M. Gentile SBN 142424, Matthew K. Suess SBN 320441 Ropers Majeski PC 50 W. San Fernando Street, Suite 1300 San Jose, CA 95113 TELEPHONE NO.: (408) 287-6262 FAX NO. (Optional): (408) 918-4501 E-MAIL ADDRESS (Optional): gregory.gentile@ropers.com / matthew.suess@ropers.com ATTORNEY FOR (Name): Defendants SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco STREET ADDRESS: 400 McAllister Street MAILING ADDRESS: CITY AND ZIP CODE: San Francisco, CA 94102 BRANCH NAME: PLAINTIFF/PETITIONER: Jyl Porch DEFENDANT/RESPONDENT: Martha B. Sprandel, et al. CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: CGC-20-585276 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 9, 2020 Time: 10:30 a.m. Dept.: 610 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Gregory M. Gentile 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): b. This statement is submitted jointly by parties (names): Defendants Martha B. Sprandel, an individual and as Trustee of the Martha B. Sprandel Revocable Trust; Lourdes S. Sprandel-Healy, an individual and as Trustee of the Martha B. Sprandel Revocable Trust 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in 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 not): (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 of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Plaintiff (tenant) alleges nine causes of action in her complaint alleging habitability claims surrounding rental property at defendant Sprandel's San Francisco property. ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 11/19/2020 Clerk of the Court BY: VANESSA WU Deputy Clerk 4820-6907-6690.1 CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 American LegalNet, Inc. www.FormsWorkFlow.com erican Legal et, Inc. .For s orkFlo .co PLAINTIFF/PETITIONER: Jyl Porch CASE NUMBER: CGC-20-585276 DEFENDANT/RESPONDENT: Martha B. Sprandel, 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.) Plainittf alleges habitability issues associated with her tenancy and asserts multiple causes of action premised on claimed habitability issues at rental property. Discovery is proceeding. (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 a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. 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): Trial: 3/26/2021, 4/19/2021, 5/7/2021 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5-7 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: Gregory Gentile/Roger Yuen b. Firm: As set forth in Defendants CMC Statements c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described 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 has 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 has not reviewed the ADR information package identified in 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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): 4820-6907-6690.1 CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow.com erica egal et, I c. . or s ork lo .co PLAINTIFF/PETITIONER: Jyl Porch CASE NUMBER: CGC-20-585276 DEFENDANT/RESPONDENT: Martha B. Sprandel, 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 Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date) : Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): 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 (date): 4820-6907-6690.1 CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.Forms orkFlow.com PLAINTIFF/PETITIONER: Jyl Porch CASE NUMBER: CGC-20-585276 DEFENDANT/RESPONDENT: Martha B. Sprandel, et al. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Clear Blue Insurance Company b. Reservation of rights: Yes No c. Coverage issues will significantly affect resolution of this case (explain): Presently unknown 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy 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. A motion to consolidate coordinate wiII be filed by (name party): 14. Bifurcation 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 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. The party or parties have completed all discovery. b The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant(s) Writtern Discovery to Plaintiffs Pending Defendant(s) Depositon of Plaintiff Pending Defendant(s) Subpoena of Records Pending c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Presently unknown. 4820-6907-6690.1 CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 American LegalNet, Inc. www.FormsWorkFlow.com PLAINTIFF/PETITIONER: Jyl Porch CASE NUMBER: CGC-20-585276 DEFENDANT/RESPONDENT: Martha B. Sprandel, et al. 17. Economic litigation a. 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. 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 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): N/A 19. Meet and confer a. 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): Counsel filing this CMC Statement has recently associated into this matter. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): N/A 20. Total number of pages attached (if any): 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: 11/19/20 Gregory M. Gentile  (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)  (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. 4850-1846-9584.1 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 A Pr of es sio na l C or po ra tio n Sa n Jo se CASE NAME: Porch v. Sprandel ACTION NO.: CGC-20-585276 PROOF OF SERVICE METHOD OF SERVICE  First Class Mail  Facsimile  Messenger Service  Overnight Delivery  E-Mail/Electronic Delivery 1. At the time of service I was over 18 years of age, not a party to this action and a lawful resident of the United States. 2. My business address is 50 West San Fernando Street, Suite 1300, San Jose, CA 95113, County of Santa Clara. 3. On November 19, 2020 I served the following documents: CAASE MANAGEMENT STATEMENT 4. I served the documents on the persons on the attached service list (along with their fax numbers and/or email addresses if service was by fax or email). 5. I served the documents by the following means: a.  By United States Mail: I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses specified on the attached service list and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid at the address listed in paragraph 2, above. b.  By Overnight Delivery: I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses on the attached service list. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. c.  By Messenger: I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in on the attached service list and providing them to a messenger for service. (Separate declaration of personal service to be provided by the messenger.) d.  By Fax Transmission: Based on an agreement between the parties and in conformance with FRCP, rule 5, and/or as a courtesy, I faxed the documents to the persons at the fax numbers listed on the attached service list. (Separate Proof of Transmission by Fax to be provided.) e.  By Fax Transmission: Based on an agreement between the parties and in conformance with Rule 2.306, and/or as a courtesy, I faxed the documents to the persons at the fax numbers listed on the attached service list. (Separate Proof of Transmission by Fax to be provided.) f.  ONLY BY ELECTRONIC TRANSMISSION: Only by e-mailing the document(s) to the persons at the e-mail address(es) listed, due to the Coronavirus (COVID-19) pandemic, and Executive Order by the Governor of California, California Rule of Court Emergency Rule 12, Ropers Majeski attorneys and staff will be working remotely, not able to send physical mail as usual, and are therefore using only electronic mails. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 4850-1846-9584.1 - 2 - 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 A Pr of es sio na l C or po ra tio n Sa n Jo se I am employed in the office of a member of the bar of this court at whose direction the service was made. I certify under penalty of perjury that the foregoing is true and correct. Dated: November 19, 2020 Kathy Matulewicz 4850-1846-9584.1 - 3 - 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 A Pr of es sio na l C or po ra tio n Sa n Jo se SERVICE LIST Porch v. Sprandel San Francisco County Superior Court Case No. CGC-20-585276 Jethro S. Bush, Esq. Stephanie A. Foster, Esq. Steven Adair MacDonald & Partners, P.C. 870 Market Street, Suite 500 San Francisco, CA 94102 Attorneys for Plaintiff T: (415) 956-6488 F: (415) 956-8698 E: sfoster@samlaw.net ROGER D. YUEN, ESQ. (SBN 221243) STRATMAN, SCHWARTZ & WILLIAMS-ABREGO Mailing Address P.O. Box 258829 Oklahoma City, OK 73125-8829 Physical Address 505 14th Street, Suite 400 Oakland, CA 94612-1913 Attorneys for Defendants MARTHA B. SPRANDEL, AN INDIVIDUAL AND AS TRUSTEE OF THE MARTHA B. SPRANDEL REVOCABLE TRUST; LOURDES S. SPRANDEL- HEALY, AN INDIVIDUAL AND AS TRUSTEE OF THE MARTHA B. SPRANDEL REVOCABLE TRUST Telephone: (510) 457-3440 Email: roger.yuen@farmersinsurance.com