def einstein and noah corp s case management statement

Cal. Super. - 1st Dist.May 13, 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, www.courts.ca.gov 125873480.v3 American LegalNet, Inc. www.FormsWorkFlow.com CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Mark A. Neubauer (73728) Stephanie G. Chau (292699) CARLTON FIELDS, LLP 2029 Century Park East, Suite 1200 Los Angeles, CA 90067-2913 TELEPHONE NO.: 310-843-6300 FAX NO. (Optional): 310-843-6301 E-MAIL ADDRESS (Optional): mneubauer@carltonfields.com; schau@carltonfields.com ATTORNEY FOR (Name): Defendant Einstein and Noah Corp. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street MAILING ADDRESS: 400 McAllister Street CITY AND ZIP CODE: San Francisco, CA 94102-3680 BRANCH NAME: Civic Center Courthouse PLAINTIFF/PETITIONER: 100 Bush Corporation DEFENDANT/RESPONDENT: Einstein and Noah Corp. CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: CGC-20-588576 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 26, 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): Mark A. Neubauer 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): Defendant Einstein and Noah Corp. 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): 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): Complaint for (1) failure to pay rent and other financial obligations. ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 05/11/2021 Clerk of the Court BY: VANESSA WU Deputy Clerk CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 125873480.v3 American LegalNet, Inc. www.FormsWorkFlow.com PLAINTIFF/PETITIONER: 100 Bush Corporation CASE NUMBER: CGC-20-588576 DEFENDANT/RESPONDENT: Einstein and Noah Corp. 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.) This is a dispute over a lease between Plaintiff and Defendant tenant through February 2, 2024. Plaintiff seeks damages in excess of $129,264.78, for alleged unpaid rent, interest and attorneys' fees. Defendant denies all wrongdoing and has been denied possession and use of the leased premises and any rent obligation was excused by the force majeure clause of lease in that Defendant was unable to operate its business and therefore has not received any benefit under the lease. (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): 6/2/21 Complex Desig. Hrg, 6/3/21 Status Conf, LASC; Alameda Superior; 6/9/21 CMC, USDC; 6/15/21 Firm BOD mtg; 6/21-22/21 Client Mtg. NJ; 6/29/21 Mediation; 6/26/21-8/22/21 Vacation; 9/8/21 FSC LASC; 9/20/21- 10/15/21 Trial LASC; 11/12/21 Firm Shareholder Mtg; 12/7/21 Firm BOD Mtg; 12/15/21 Firm BOD Hrg; 2/4/22 Status Conf OCSC; 4/18/22-5/13/22 Trial LASC 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 3-5 days 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 pursuant to Code of Civil Procedure section 1775.5. CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 125873480.v3 American LegalNet, Inc. www.FormsWorkFlow.com PLAINTIFF/PETITIONER: 100 Bush Corporation CASE NUMBER: CGC-20-588576 DEFENDANT/RESPONDENT: Einstein and Noah Corp. 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 125873480.v3 American LegalNet, Inc. www.FormsWorkFlow.com PLAINTIFF/PETITIONER: 100 Bush Corporation CASE NUMBER: CGC-20-588576 DEFENDANT/RESPONDENT: Einstein and Noah Corp. 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 Defendant Written Discovery July 2021 Defendant Depositions September 2021 Defendant Expert Discovery November 2021 Defendant Document Requests July 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 125873480.v3 American LegalNet, Inc. www.FormsWorkFlow.com PLAINTIFF/PETITIONER: 100 Bush Corporation CASE NUMBER: CGC-20-588576 DEFENDANT/RESPONDENT: Einstein and Noah Corp. 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): Defendant reached out to Plaintiff but Plaintiff did not respond. 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: May 11, 2021 Mark A. Neubauer  (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)  (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. 125984897.1 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 PROOF OF SERVICE F.R.C.P. 5 / C.C.P. § 1013a(3)/ Cal. R. Ct. R. 2.260 I am a resident of, or employed in, the County of Los Angeles. I am over the age of 18 and not a party to this action. My business address is: Carlton Fields, LLP, 2029 Century Park East, Suite 1200, Los Angeles, California 90067-2913. On May 11, 2021, I served the following listed document(s), by method indicated below, on the parties in this action: DEFENDANT EINSTEIN AND NOAH CORP.’S CASE MANAGEMENT STATEMENT SEE ATTACHED SERVICE LIST BY ELECTRONIC SERVICE via electronic filing service provider By electronically transmitting the document(s) listed above to First Legal Support at firstlegal.com, an electronic filing service provider.. To my knowledge, the transmission was reported as complete and without error. See Cal. R. Ct. R. 2.253, 2.255, 2.260. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on May 11, 2021 at Los Angeles, California. Maria Rodriguez Type or Print Name Signature 125984897.1 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 SERVICE LIST William A. Logan, Jr., Esq. Laura M. Mooney, Esq. LOGAN MOONEY LLP 100 Pine Street, Suite 1250 San Francisco, CA 94111 Tel. 415-738-0764 Fax: 415-376-0956 wlogan@loganmooneyllp.com lmooney@loganmooneyllp.com Attorneys for Plaintiff 100 Bush Corporation