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  • MARSHALL MEYER VS. J. PETER SCATTINI ET AL CONTRACT/WARRANTY document preview
  • MARSHALL MEYER VS. J. PETER SCATTINI ET AL CONTRACT/WARRANTY document preview
  • MARSHALL MEYER VS. J. PETER SCATTINI ET AL CONTRACT/WARRANTY document preview
  • MARSHALL MEYER VS. J. PETER SCATTINI ET AL CONTRACT/WARRANTY document preview
  • MARSHALL MEYER VS. J. PETER SCATTINI ET AL CONTRACT/WARRANTY document preview
  • MARSHALL MEYER VS. J. PETER SCATTINI ET AL CONTRACT/WARRANTY document preview
  • MARSHALL MEYER VS. J. PETER SCATTINI ET AL CONTRACT/WARRANTY document preview
  • MARSHALL MEYER VS. J. PETER SCATTINI ET AL CONTRACT/WARRANTY document preview
						
                                

Preview

CM-110 and address): ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number FOR COURT USE ONLY LEO M. LaROCCA, ESQ./SBN 115014 Nit/EN 8 SMITH, LLP 275 Battery Street, Suite 1120 San Francisco, CA 94111-3383 TELEPHONE NO. 415-981-5451 FAx No. (Gpoonal)'15-433-5439 ELECTRONICALLY E MAiLAUCREss ATTGRNEY FUR(Name) leo(Inivensmith.corn Plaintiffs Marshall Mayer, Marshall R. Meyer, Trustee F I L E D Superior Court of California, SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco sTREETAUUREss 400 McAllister Street ADDRESS 03/23/2022 MAILING Clerk of the Court OTYANC zg cooE San Francisco, CA 94102 BY: VANESSA WU BRANCH Deputy Clerk NAME'LAINTIFF/PETITIONER: MARSHALL MEYER, et al. DEFENDANT/RESPONDENT: i. PETER SCATTINI, et al. CASE MANAGEMENT STATEMENT (Check one): ~ UNLIMITED CASE (Amount demanded ~x LIMITED CASE (Amount demanded is $ 25,000 CASE NUMBER CGC-20-588093 exceeds $ 25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 13, 2022 Time: 10:30 a.m. Dept.: 610 Divz Room: Address of court (lf different from the address above): ~x Notice of Intent to Appear by Telephone, by (name)( Leo M. LaRocca INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): ~x 2. a. b. ~ This statement is submitted by party (name): Plaintiffs Marshall Meyer, Marshall R. Meyer, Trustee of the Marshall R. This statement is submitted jointly by parties (names): Meyer Family Trust Created On December 31, 2000 Complaint and cross-complaint (to be answered by p/a/n///fs and cross-comp/ainenis only) a. The complaint was filed on (date): December 2, 2020 3. b. ~ The cross-complaint, if any, was filed on (date): Service (lo he answered by plaintiffs and cross-comp/a/nants only) a. b. ~~x 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 (1) ~ have not been served (spec/fy names and explain why nol)( (2) ~ have been served but have not appeared and have not been dismissed (spec/fy names): (3) ~ have had a default entered against them (spec/fy names): c. ~ The following additional parties may be added (spec/fy names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in ~x complaint ~ cross-complaint (Describe, including causes of acl/on): This is an alleged breach of contract/warranty case which also includes claims of negligent interference with economic relationship, negligence, nuisance and trespass. Page 1 of 0 Form Adopted for Mandstorp Uss Cal Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3 730 CM-110 [Rev September 1, 2021] www courts ca gov Clltl-110 PLAINTIFF/PETITIONER: MARSHALL MEYER, Bt al. CASE NUMBER: DEFENDANT/RESPONDENT: J. PETER SCATTINI, Btal. CGC-20-588093 b. Provide a brief statement of thecase, 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 Marshall Meyer, individually and as Trustee ("Meyero), alleges that Defendants, by reason of their construction activity, interfered with Meyer's tenants'uiet enjoyment of their unit, and in addition allowed water to penetrate into Mayer's condominum unit causing property damage. ~ (If more space is needed, check this box and attach a page designated as Attachment 45.) Jury or nonjury trial The party or parties request requesting ajury trial): ~ a jury trial ~x a nonjury trial.(If more than one party, provide the name of each party Trial date a. b. ~ ~x The tdial has been set for(date)1 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): this Case Management Statement c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavai(ability); July 1-20, 2022 Estimated length of trial The party or parties estimate that the trial will take (check one): ~x 2-3 a. b. ~ days (specify number): hours (short causes) (specify)1 a. Attorney: ~ 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: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: ~ Additional representation is described in Attachment 8. Preference g. Party represented: ~ 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 difierent courts and communities; read the ADR information package provided by the court under rule 3.221 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel ~x has ~ has not provided the ADR information package identified (2) For self-represented parties: Parly ~ ~ in rule 3.221 to the client and reviewed ADR options with the client. has has not reviewed the ADR information package identified in rule 3.221. b. (1)~ Referral to judicial arbitration or civil action mediation (if available). 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 (2)~ statutory limit. Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of (3)~ 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. (Specify exemption): September CM-1 10 [Rev 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: MARSHALL MEYER, et al. CASE NUMBER. DEFENDANT/RESPONDENT: J. PETER SCATTINI, et al. CGC-20-588093 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 If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties'DR processes (check all that apply): stipulation): ~x (1) Mediation ~ ~ Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (dale): ~ Mediation completed on (dale): ~x Settlement conference not yet scheduled (2) Settlement conference ~ ~ Settlement conference scheduled for(date): Agreed to complete settlement conference by(date): ~ Settlement conference completed on(date): ~ ~ Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dale): (3) Neutral evaluation ~ ~ Agreed to complete neutral evaluation by (dale): Neutral evaluation completed on (date): ~ ~ Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration ~ ~ Agreed to complete judicial arbitration by Judicial arbitration completed on (dale): (dale): ~ ~ Private arbitration not yet scheduled Private arbitration scheduled for (5) Binding private arbitration ~ ~ (dale): Agreed to complete private arbitration by Private arbitration completed on (date): (dale): ~ ~ ADR session not yet scheduled ADR session scheduled for (8) Other (specify): ~ ~ (dale): Agreed to complete ADR session by (date): ADR completed on (dale): CM-110 [Rev. September 1, 2021] Pege301 3 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: MARSHALL MEYER, et al. CASE NUMBER: DEFENDANT/RESPONDENT: J. PETER SCATTINI, et al. CGC-20-588093 11.Insurance a. ~x Insurance cardier, any, for party filing this statement (name): ~ ~ if b. Reservation of rights: Yes No c. ~ Coverage issues will significantly affect resolution of this case (explain)i 12. Jurisdiction ~ Bankruptcy Status; ~ Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Other (specify): a. ~ 13. Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Nameofcase: (2) Name ofcourt: (3) Case number: Status; ~ (4) Additional cases are described in Attachment 13a. b. ~ A motion to ~ consolidate ~ coordinate will be filed by (name party): Bifurcation 14. ~ The party or parties intend to file a motion for an order bifurcating, seveding, 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): Discovery ~ 16. a. The party or parties have completed all discovery. b. ~x The following discovery will be completed by the date specified (describe alf anticipated discovery): ~Patt Descriotion Date Plaintiff Written discovery June 2022 Plaintiff Depositions July 2022 Plaintiff Expert depositions Per Code c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 IRem September 1, 2021] Pegeeefe CASE MANAGEIIIIENT STATEMENT CM-110 PLAINTIFF/PETITIONER: MARSHALL MEYER, et Bl. CASE NUMBER. DEFENDANT/RESPONDENT: J. PETER SCATTINI, Bt Bl. CGC-20-588093 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. ~x 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 (speci fy) I 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, I 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 wditten authodity of the party where required. Date: March 23, 2022 LEO M. LaROCCA (TYPE OR PRINT NAME) (S IGNATUIUT TIFPRRPrrIR ATTORNEY) ~ (TYPE OR PRINT NAMEI (SIGNATURE OF PARTY OR ATTORNE YI Additional signatures are attached. September I, 2021( CM-1 10 (Rem Page 5 of 5 CASE MANAGEMENT STATEMENT Meyer v. Scattini,et ai. Case No. CGC-20-5880tt3 PROOF OF SERVICE 3 I am a citizen of the United States and employed in the City and County of San Francisco, State of California; Iam over the age of eighteen years and not a party to the within above-entitled action; my business address is 275 Battery Street, Suite 1120, San Francisco, California 94111-3383. On the date below, I served the within CASE MANAGEMENT STATEMENT on the parties in said action or proceedings addressed as follows: 6 Matthew Constantino, Esq. Clay A. Coeiho, Esq, Clapp, Moroney, Vucinich, Beeman+Scheley Wilson, Elser, Moskowitz, Edelman 8 Dicker 5880 Owens Drive, Suite 410 525 Market Street, 17 Floor Pieasanton, CA 94588 San Francisco, CA 94105 Tel: 925-734-0990 Tel: 415-433-0990 Fax: 925-734-0888 Fax 415-434-1370 Attorneys for Jerrold Peter Scattini, Jr., Attorneys for Francisco Javier Sandoval, J. Peter Scattini, Janice Scattini dba F. Sandoval Co. 10 mconstantino claoomoronev.corn clav.coeihotmwilsonelser.corn E BY ELECTRONIC SERVICE: I caused said document(s) to be e-served via my electronic c K service address (wendvtEnivensmith.corn) to each email address noted above. J a n 13 Ol I declare under penalty of perjury, pursuant to California law, that the foregoing is true and correct. Executed on March 23, 2022, at San Francisco, California. UJ Zkw8o ~ 16 N N Z z 17 e 18 19 20 22 23 25 26 27 28