case management statement

Cal. Super. - 1st Dist.September 9, 2021

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 D. Call (SBN 120483) / A. Marisa Chun (SBN 160351) CROWELL & MORING LLP 3 Embarcadero Center, 26th Floor San Francisco, CA 94111 TELEPHONE NO.: 415.986.2800 FAX NO. (Optional): 415.986.2827 E-MAIL ADDRESS (Optional): gcall@crowell.com; mchun@crowell.com ATTORNEY FOR (Name): Plaintiff Crowell & Moring LLP SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street MAILING ADDRESS: CITY AND ZIP CODE: San Francisco 94102 BRANCH NAME: Civic Center Courthouse PLAINTIFF/PETITIONER: Crowell & Moring LLP DEFENDANT/RESPONDENT: Three Embarcadero Center Venture CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: CGC-20-588088 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 5, 2021 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 D. Call / A. Marisa Chun / Ryan Merker 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): Plaintiff Crowell & Moring LLP b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): December 2, 2020 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): Breach of Contract; Money Had and Received; Declaratory Judgment ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 04/20/2021 Clerk of the Court BY: VANESSA WU Deputy Clerk CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 American LegalNet, Inc. www.FormsWorkFlow.com PLAINTIFF/PETITIONER: Crowell & Moring LLP CASE NUMBER: CGC-20-588088 DEFENDANT/RESPONDENT: Three Embarcadero Center Venture 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.) Plaintiff Crowell & Moring LLP brought this action based on an office lease between Plaintiff, as Tenant, and Defendant Three Embarcadero Center Venture, as Landlord, to enforce Tenant's legal and contractual rights under the plain language of the lease--which Landlord refuses to recognize--and which entitles Tenant to an abatement of rent for the portion of its office that it has been prevented from using during the COVID-19 pandemic and ensuing governmental restrictions on business operations across the state. (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): Case should be ready for trial anytime after November 2021. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Aug. 20-27 (take child to college); Oct. 7-17 (vacation), Dec. 20-23, 27-30 and Jan. 3-7 (jury trial) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 3-5 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: b. Firm: 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): Amount in controversy exceeds $50,000. CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow.com PLAINTIFF/PETITIONER: Crowell & Moring LLP CASE NUMBER: CGC-20-588088 DEFENDANT/RESPONDENT: Three Embarcadero Center Venture 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): 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 (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): CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 American LegalNet, Inc. www.FormsWorkFlow.com PLAINTIFF/PETITIONER: Crowell & Moring LLP CASE NUMBER: CGC-20-588088 DEFENDANT/RESPONDENT: Three Embarcadero Center Venture 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): 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 Plaintiff Crowell & Moring LLP Written Discovery 09/2021 Plaintiff Crowell & Moring LLP Depositions 09/2021 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 American LegalNet, Inc. www.FormsWorkFlow.com PLAINTIFF/PETITIONER: Crowell & Moring LLP CASE NUMBER: CGC-20-588088 DEFENDANT/RESPONDENT: Three Embarcadero Center Venture 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): 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): 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 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: April 20, 2021 Gregory D. Call /s/ Gregory D. Call (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. DCACTIVE-60820901.1 CROWELL & MORING LLP ATTORNE YS AT LAW 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 -1- PROOF OF SERVICE; CASE NO. CGC-20-588088 PROOF OF SERVICE I, Katarina Castillo, state: My business address is 3 Embarcadero Center, 26th Floor, San Francisco, CA 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: CASE MANAGEMENT STATEMENT on the following person(s) in this action: Please see attached Service List  BY FIRST CLASS MAIL: I am employed in the City and County of San Francisco where the mailing occurred. I enclosed th document(s) identified above in a sealed envelope or package addressed to the person(s) listed in the attached Service List, with postage fully paid. I placed the envelope or package for collection and mailing, following our ordinary business practice. I am readily familiar with this firm’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.  BY MESSENGER SERVICE: I served the document(s) identified above by placing them in an envelope or package addressed to the person(s) listed above and providing them to a professional messenger service for service. A declaration of personal service by the messenger is attached.  BY OVERNIGHT DELIVERY: I enclosed the document(s) identified above in a sealed envelope or package addressed to the person(s) listed above, in an envelope or package designated by the overnight delivery carrier with delivery fees paid or provided for. 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, or by delivering to a courier or driver authorized by the overnight delivery carrier to receive documents.  BY FACSIMILE: Based on an agreement of the parties o accept service by facsimile transmission, I faxed the document(s) identifi d above to the person(s) at the fax number(s) listed above. The transmission was reported complete and without error. I have attached a copy of the transmis ion report that was issued by the facsimile machine.  BY ELECTRONIC SERVICE VIA FILE & SERVEXPRESS: Pursuant to CCP 1010.6 and CRC 2.251, I electronically served through File & ServeXpress and caused the document(s) to be sent to the person(s) at the email addresses designated on the Transaction Receipt located on the File & ServeXpress website. To the best of my knowledge, at the time of the transmission, the transmission was reported as complete and without error.  BY ELECTRONIC MAIL: Based on a court order or an greement 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 in the attached Service List. I did not receive, within a re sonable time after the CROWELL & MORING LLP ATTORNE YS AT LAW 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 -2- PROOF OF SERVICE; CASE NO. CGC-20-588088 transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed on April 20, 2021, at Dublin, California. Katarina Castillo CROWELL & MORING LLP ATTORNE YS AT LAW 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 -3- PROOF OF SERVICE; CASE NO. CGC-20-588088 SERVICE LIST Timothy M. Hutter Allen Matkins Leck Gamble Mallory & Natsis LLP 600 W Broadway Ste 2700 San Diego, CA 92101-0903 Telephone: 619.233.1155 Facsimile: 619.233.1158 Email: thutter@allenmatkins.com Attorneys for Defendant Three Embarcadero Center Venture Michelle F. Catapang Allen Matkins Leck Gamble Mallory & Natsis LLP Three Embarcadero Center, 12"^ Floor San Francisco, CA 94111 Telephone: 415.837.1515 Facsimile: 415.837.1516 Email: mcatapang@allenmatkins.com Attorneys for Defendant Three Embarcadero Center Venture Todd E. Whitman Allen Matkins Leck Gamble Mallory & Natsis LLP 1901 Avenue of the Stars, Suite 1800 Los Angeles, CA 90067-6019 Telephone: 310.788.2400 Facsimile: 310.788.2410 Email: twhitman@allenmatkins.com Attorneys for Defendant Three Embarcadero Center Venture