case management statementCal. Super. - 1st Dist.September 23, 2021ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number and address) Phillip G. Vermont, SBN 132035 Randick O'Dea Tooliatos Vermont & Sargent LLP 5000 Hopyard Road, Suite 225 Pleasanton, CA 94588 TELEPHONENO: (925) 460-3700 FAXNO(opbonal). (925) 460-0969 EMAILADDREss(optronalf pVermcnt@randiCklaW. COm ATTORNEY FOR (Name) De fendant Goorin Bros ., Inc . suPERIDR couRT oF cALIFDRNIA, coUNTY QF San Francisco sTREETADDREss 4 0 0 McAl lister Street MAILINGADDRESS SamP OITYANDZIPcoDE. San Francisco, CA 94102 BRANCH NAME: PLAINTIFF/PETITIONER: Vera Cart, Truatee of the Vera Cort Revocab FOR COURT USE ONLY CM-110 DEFENDANT/REsPQNDENT: Goorin Bros., Inc. CASE MANAGEMENT STATEMENT (Check one): Qg UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 7, 2021 Time: 10 t 30 a.m. Dept.: 610 Address of court (if different from the address above): CASE NUEIIBER. CGC-20-587602 Divd Room: Z) Notice of Intent to Appear by Telephone, by(name)) Phillip G. Vermont via Courtcall INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. Qg This statement is submitted by party (name): Goorin Bros ., Inc . b. ~ This statement is submitted jointly by parties (names)) 2. Complaint and cross-complaint (to be answered by plaintiffs snd cross-comp/ainanis only) a. The complaint was filed on (date): 10/28/2020 b. ~ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by p/e/nt(Tfs and cross-comp/a/nants only) a. Q3 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 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 of invo/vemenl in case, and the date by which they may be served): 4. Description of case a. Type of case in QQ complaint ~ cross-complaint (Describe, including causes of action): Breach of Lease - Seeking rent despite shelter in place orders. Form Adopted for Mandatory Use n I CASE MANAGEMENT STATEMENTJudtcml Counol of Caltfomta tlag Eeeential CM-110 IRer July I, 2011) a +Fonna Pages ore Cal Rules of Court, rules 0.720-3.730 www coUrts ca.gou ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 03/25/2021 Clerk of the Court BY: VANESSA WU Deputy Clerk PLAINTIFF/PETITIONER: Vera Cort, Trustee of the Vera Cart Revocable Trust DEFENDANT/RESPONDENT: Goorin Bros., Inc. CASE NUMBER CGC-20-587602 Chil-110 4. b. Provide a brief statement of the case, including any damages. (II 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, end estimated future lost earnings. If equitable relief is sought, describe the nature of the relief)Plaintiff claims lease damages. Defendant asserts impossibility, frustration of purpose and that the Lease bars or limits same or all of plaintiff's claims. ~ (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 trial ~ a nonjury trial. (Ifmore 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. QQ 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. Qg days (specify number): 3 b. C) hours (short causes) (specifyj: 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [Q by the attorney or party listed in the caption a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number; e. E-mail address: g. Party represented: C3 Additional representation is described in Attachment 8. 9. Preference~ This case is entitled to preference (specify code section): ~ by the following: 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 QQ 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) CI This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of 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): CM-110 IRev July 1, 2011I CfLB'ssential aeffaem H CASE MANAGEMENT STATEMENT Page 2 of 5 PLAINTIFF/PETITIONER: Vera Cart, Trustee of the Vera Cort Revocable Trust DEFENDANT/RESPONDENT: Goorin Bros., Inc. CASE NIJMBER CGC-20-587602 CII-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 a/I that app/y 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 app/y): 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 stipulation): (1) Mediation ~ Mediation session not yet scheduled ~ Mediation session scheduled for (date): ~ Agreed to complete mediation by (date): ~ Mediation completed on (dste): (2) Settlement conference Q3 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 (date)i ~ Agreed to complete neutral evaluation by (da/e): ~ Neutral evaluation completed on (date); (4) Nonbinding judicial arbitration ~ Judicial arbitration not yet scheduled ~ Judicial arbitration scheduled for (date): CI Agreed to complete judicial arbitration by (date)i ~ Judicial arbitration completed on (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 (da/e): (6) Other (specify): ~ ADR session not yet scheduled ~ ADR session scheduled for (date); ~ Agreed to complete ADR session by (date): ~ ADR completed on (date): CM-110 [Rev July 1, 2011/ ("HJ'ssential ceacem JHForma CASE MANAGEMENT STATEMENT pege 3 ef 5 PLAINTIFF/PETITIONER: Vera Cart, Trustee of the Vera Cort Revocable Trust DEFENDANT/RESPONDENT: Goorin Bros., Inc. 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: ~ Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case (explain): CASE NUMBER; CGC-20-587602 Cllll-110 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. M A motion to ~ consolidate ~ coordinate will 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. Qg The following discovery will be completed by the date specified (describe all anticipated discovery): ~Part Descriotion Goorin Bros. Doc production Form k special interrogatories Re@ for Admissions Party depositions ~Da e June 1 June 1 June 1 After ADR c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify); CM-110 (Rea Joir 1, 201 1I ('Lg'ssential aegxem HFOrme CASE MANAGEIIENT STATEINENT Page 4 of 5 PLAINTIFF/PETITIONER: Vera Cort, Trustee of the Vera Cort Revocable Trust DEFENDANT/RESPONDENT.'oorin Bros., Inc. CASE NUMBER. CGC-20-587602 CM-110 17. Economic litigation a. ~ This is a limited civil case (i.e., the amount demanded is $25,000 or fess) 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, exp/ain specifically why economic litigation procedures relating to discovery or trial should not apply fo 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): 19. Meet and confer a. Q3 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): Parties have been exchanging settlement of fers. 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 any): I am completely familiar with this case and will be fully prepared to discuss e status of discovery and alternative dispute resolution q ente her re as well as other issues raised by this statement, and will possess the au odit the case management conference, including the written authority of the paityp Date: March 25, 2021 i to stipulations on these issues at the time of u red 'PIT1 1 n 1rf Y" Vmrmnyat (TYPE OR PRINT NAME) I I (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ~ Additional signatures are attached. CM-110 (Rev. July 1, 20( I I ( PF, I Essential ca5.cern I pel Erne CASE MANAGEMENT STATEMENT Page 5 ui 5 eCourtCall'383 Antone CircleLoa Angeles, CA 90045Phone (BBB) 882-6878Fax: (BBB) 883-2946CuurtCalLcom Court Cuulureuce is siiueiuu ul CuuitCall CourtCa(l Appearance - Service Copy This document shall serve as notice of a CourtCall Appearance by the participant listed below in the referenced case. Others wishing to appear remotely should contact CourtCall, LLC at (888) 882-6878 or (310) 342-0888. Phillip G. Vermont Randick O'Dea Tooliatos Vermont & Sargent LLP Teh (925) 460-3700 (925) 460-0969 Case Name: Vera Court vs. Goorin Brothers Case Number. CGC-20-587602 Court Name'San Francisco Superior Court (CA) Dept/Judge: 610 / Judge Samuel K. Feng Proceeding: Case Management Conference Date/Time. Wednesday, April 7th, 2021 at 10:30 AM PT ! Note: this is not a Confirmation of your CourtCall Appearance. Each participant must make his or her own arrangements with CourtCall, While clients can save money and Courts can become more efficient and generate revenue, CourtCall has the most impact upon practicing attorneys as it helps to give them their lives back. Attorneys can use the time they save using CourtCall to catch-up on other pressing matters, enjoy time with family and friends or otherwise take advantage of the time no longer spent traveling to and from Court. Call us for details. There are no subscriptions or equipment to buy. COURTCALL VIDEO IS HERE! CourtCall is equipping Courtrooms of interested Judges with its state-of-the-art, browser-based video conferencing platform, enabling full video participation for traditional CourtCall Appearances. Lawyers only need a computer with sufficient bandwidth and a webcam to view and/or share video in accordance with a Judge' preferences. To learn more about video options, please ask a CourtCall representative. The foregoing information may have been obtained from court records which may not reflect recent calendar changes. If it is inaccurate because your appearance has been continued, please apply this information to the new date. If the matter is off calendar, you have no involvement in the case or you do not wish to use this service, please disregard this notice. Do not call the Court Clerk. ! , e Oui'FePre'Sentat(yea Rie aVailable tO rake Pre'SentatlOnS fOr'aur firin, yOui'el(ento, Bar Aea'OCiatiOne'Or„* othei groupd.'lease'cail,totschedgls a pfesentstloni ' Remote Appearances. Simplified. CourtCail Appearances are available for over 2,000 Judges nationwide, with additional Courts being added monthly. Please visit our website at www.couitcall.corn for a complete list of participating Courts and Judges across the US, Canada and other Jurisdictions. Jeaaica Grenades ext. 697 [CS] sERYIcE copy FoR couRTEALLo AppEARANcE copyright tp 2621 cuuitcali, LLc. Al Rights Reserved. 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 COURTCALL SERVICE COPY on the parties in this action by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: 10 12 Mark R. Meyer, Esq. Losch Ehrlich & Meyer 750 Battery Street, Suite 700 San Francisco, CA 94111 Phone: (415) 684-8885 Email: mm(Rlosch-ehrlich.corn 13 14 15 16 17 18 19 20 Attorneyfor Ptointiff [X] (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 25, 2021, at Pleasanton, California. 21 22 23 Sue Betti 24 25 26 27 28 PROOF OF SERVICE 502221 d|Nx