defendant zerocater inc case management statement

Cal. Super. - 1st Dist.October 7, 2021

SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE (Amount demanded exceeds $25,000) LIMITED CASE (Amount demanded is $25,000 or less) FOR COURT USE ONLY CASE NUMBER: CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) The cross-complaint, if any, was filed onb. 1. Party or parties (answer one): a. b. This statement is submitted by party This statement is submitted jointly by parties a. (1) have not been served (specify names and explain why not): Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011] Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov CASE MANAGEMENT STATEMENT Page 1 of 5 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Date: Dept.: Div.:Time: Room: (name): (names): (date): The complaint was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. b. 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 (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 Type of case in complaint cross-complainta. (Describe, including causes of action): SAN FRANCISCO 400 McAllister St San Francisco, CA 94102 113-115 Stillman, LLC ZeroCater, Inc. CGC-20-586448 Gregory D. Call (SBN 120483); Ethan W. Simonowitz (SBN 314868) Crowell & Moring LLP 3 Embarcadero Center, 26th Floor San Francisco, CA 94111 415-986-2800 415-986-2827 gcall@crowell.com; esimonowitz@crowell.com ZeroCater, Inc. Civic Center Courthouse Gregory D. Call; Ethan W. Simonowitz February 10, 2021 61010:30 am ZeroCater, Inc. Plaintiff 113-115 Stillman, LLC, a commercial landlord, filed a breach-of-contract claim against Defendant ZeroCater, Inc. ZeroCater, Inc. terminated its lease due to governmental mandates proscribing its intended use of the premises and denies that it breached the lease in doing so. ZeroCater, Inc. asserts the defenses of commercial frustration, impossibility, and excuse. ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 01/15/2021 Clerk of the Court BY: VANESSA WU Deputy Clerk CM-110 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: 4. b. 6. Trial date 7. Estimated length of trial Trial representation (to be answered for each party)8. 9. The party or parties estimate that the trial will take (check one): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT 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. For parties represented by counsel: Counsel 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.) (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.a. (If more than one party, provide the name of each party requesting a jury trial): The trial has been set fora. (date): No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaintb. (if not, explain): Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):c. days hours (short causes) a. (specify number): b. (specify): The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. b. d. e. Attorney: Firm: Telephone number: E-mail address: c. Address: f. Fax number: g. Party represented: Additional representation is described in Attachment 8. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. (1) (2) has has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221. Referral to judicial arbitration or civil action mediation (if available).b. (2) (3) 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. 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. (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. (specify exemption): 113-115 Stillman, LLC ZeroCater, Inc. CGC-20-586448 This dispute centers on whether ZeroCater, Inc. was entitled to terminate its commercial lease with Plaintiff due to the effects of governmental orders intended to curb the spread of COVID-19, which orders substantially destroyed and frustrated the purpose of the lease by proscribing ZeroCater's full use of the space over the course of months with no foreseeable end. Due to the need for discovery as well as pre-existing trial dates in 2021, counsel for ZeroCater will not become available for trial until October 2021. One to two days. CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 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): 10. c. CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT 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 (2) Settlement conference (3) Neutral evaluation (4) Nonbinding judicial arbitration (5) Binding private arbitration (6) Other (specify): ADR session not yet scheduled (date):ADR session scheduled for Agreed to complete ADR session by (date): ADR completed on (date): Private arbitration not yet scheduled (date):Private arbitration scheduled for Agreed to complete private arbitration by (date): Private arbitration completed on (date): Judicial arbitration not yet scheduled (date):Judicial arbitration scheduled for Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Neutral evaluation not yet scheduled (date):Neutral evaluation scheduled for Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (date): Settlement conference not yet scheduled Settlement conference scheduled for Agreed to complete settlement conference by (date): Settlement conference completed on (date): Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): CGC-20-586448 113-115 Stillman, LLC ZeroCater, Inc. CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 11. Insurance Insurance carrier, if any, for party filing this statement b. a. (name): Reservation of rights: Yes No Coverage issues will significantly affect resolution of this casec. (explain): Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy Other 12. Jurisdiction (specify): Status: Related cases, consolidation, and coordination13. There are companion, underlying, or related cases.a. Name of case: Name of court: Status: Case number: (2) (3) (1) (4) Additional cases are described in Attachment 13a. A motion to consolidateb. wiII be filed by (name party):coordinate Bifurcation14. 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): Other motions15. The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): CM-110 [Rev. July 1, 2011] Page 4 of 5CASE MANAGEMENT STATEMENT 16. Discovery The party or parties have completed all discovery.a. b. The following discovery will be completed by the date specified (describe all anticipated discovery): DateDescription The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated c. (specify): Party CGC-20-586448 113-115 Stillman, LLC ZeroCater, Inc. Plaintiff has indicated that it may file a dispositive motion before trial. Defendant ZeroCater, Inc. does not anticipate filing a dispositive motion before trial. Plaintiff Spring 2021Defendant ZeroCater, Inc. Spring 2021Defendant ZeroCater, Inc. February 2021Plaintiff February 2021Plaintiff February 2021Interrogatories to Defendant Requests for Production to Plaintiff Interrogatories to Plaintiff Requests for Admission to Defendant Requests for Production to Defendant ZeroCater, Inc. anticipates that discovery will be completed in summer 2021. CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 17. Economic litigation 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. a. 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): Other issues18. The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer 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 a. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): (if not, explain): 20. Total number of pages attached (if any): (SIGNATURE OF PARTY OR ATTORNEY) Date: (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)(TYPE OR PRINT NAME) 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. Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5CASE MANAGEMENT STATEMENT CGC-20-586448 113-115 Stillman, LLC ZeroCater, Inc. January 15, 2021 Gregory D. Call 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 CROWELL & MORING LLP ATTORNEYS AT LAW PROOF OF SERVICE I, Tessie Spagna, state: My business address is 3 Embarcadero Center, 26th Floor, San Francisco, California 94111. I am over the age of eighteen years and not a party to this action. On the date set forth below, I served the foregoing document(s) described as: DEFENDANT ZEROCATER, INC.’S CASE MANAGEMENT STATEMENT On the following person(s) in this action: Michael G. Schinner Reed E. Harvey Agustín R. Pina Schinner & Shain, LLP 96 Jessie Street San Francisco, CA 94105 Telephone: (415)369-9050 Facsimile: (415) 800-1094 Email: pina@schinner.com  BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept service by electronic mail, I caused the document(s) identified above to be transmitted electronically to the person(s) at the e-mail address(es) listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on January 15, 2021, at Alameda, California. Tessie Spagna