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  • 1367 NATOMA ST SF, LLC, VS. RELIANCE BUILDING AND MAINTENANCE, LLC ET AL CONTRACT/WARRANTY document preview
  • 1367 NATOMA ST SF, LLC, VS. RELIANCE BUILDING AND MAINTENANCE, LLC ET AL CONTRACT/WARRANTY document preview
  • 1367 NATOMA ST SF, LLC, VS. RELIANCE BUILDING AND MAINTENANCE, LLC ET AL CONTRACT/WARRANTY document preview
  • 1367 NATOMA ST SF, LLC, VS. RELIANCE BUILDING AND MAINTENANCE, LLC ET AL CONTRACT/WARRANTY document preview
  • 1367 NATOMA ST SF, LLC, VS. RELIANCE BUILDING AND MAINTENANCE, LLC ET AL CONTRACT/WARRANTY document preview
  • 1367 NATOMA ST SF, LLC, VS. RELIANCE BUILDING AND MAINTENANCE, LLC ET AL CONTRACT/WARRANTY document preview
  • 1367 NATOMA ST SF, LLC, VS. RELIANCE BUILDING AND MAINTENANCE, LLC ET AL CONTRACT/WARRANTY document preview
  • 1367 NATOMA ST SF, LLC, VS. RELIANCE BUILDING AND MAINTENANCE, LLC ET AL CONTRACT/WARRANTY document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Todd A. Jones (Bar # 198024) Bryan T. Bjorge (Bar No. 229244) MOKRI VANIS & JONES LLP 3620 American River Dr., Suite 218 Sacramento, CA 95864 TELEPHONE NO.: 916-306-0434 FAX NO. (Optional): 949-226-7150 ELECTRONICALLY E-MAIL ADDRESS (Optional): tjones@mvjllp.com;bbjorge@mvjllp.com ATTORNEY FOR (Name): Def. Reliance Building and Maintenance, LLC FILED Superior Court of California, SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco STREET ADDRESS: 400 McAllister St. 05/14/2021 MAILING ADDRESS: Clerk of the Court BY: VANESSA WU CITY AND ZIP CODE: San Francisco, CA 94102 Deputy Clerk BRANCH NAME: PLAINTIFF/PETITIONER: 1367 NATOMA ST., SF. LLC DEFENDANT/RESPONDENT: RELIANCE BUILDING AND MAINTENANCE LLC CASE MANAGEMENT STATEMENT CASE NUMBER: CGC-20-584041 (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 23, 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): Bryan T. Bjorge 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): Reliance Building and Maintenance, LLC 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): Breach of contract; construction defects. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: 1367 NATOMA ST., SF. LLC CGC-20-584041 DEFENDANT/RESPONDENT: RELIANCE BUILDING AND MAINTENANCE LLC 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 owner alleges construction defects, breach of contract, and fraud claims related to Reliance’s work as a general contractor on an extensive demolition and remodel of the subject matter property. (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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 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): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: 1367 NATOMA ST., SF. LLC CGC-20-584041 DEFENDANT/RESPONDENT: RELIANCE BUILDING AND MAINTENANCE LLC 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' ADR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date) : Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: 1367 NATOMA ST., SF. LLC CGC-20-584041 DEFENDANT/RESPONDENT: RELIANCE BUILDING AND MAINTENANCE LLC 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): AmTrust North America b. Reservation of rights: Yes No c. Coverage issues will significantly affect resolution of this case (explain): Uncovered claims in Complaint 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): Potential Motion to Withdraw as Counsel due to client's suspended corporate status. Potential Motion to Intervene on behalf of Defendant Reliance's insurance carrier AmTrust North America. 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 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: 1367 NATOMA ST., SF. LLC CGC-20-584041 DEFENDANT/RESPONDENT: RELIANCE BUILDING AND MAINTENANCE LLC 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): Counsel for Reliance is filing this CMC statement to inform the Court that counsel has not been in communication with client Reliance for about 60 days. Client had informed counsel on or about March 4, 2021 that client had paid all back taxes, etc. to restore client to good standing with the State of California. Based on this representation, counsel filed a Answer on behalf of client on March 15, 2021. As of the filing of this CMC statement the California Secretary of State website still reflects that the client is a suspended entity - and client has declined to respond to our communications regarding this issue. Counsel is continuing their investigation. 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): 0 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 14, 2021 Beyan T. Bjorge  (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)  (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com 1 PROOF OF SERVICE 2 1367 Natoma St SF, LLC v. Reliance Building and Maintenance, LLC San Francisco County Superior Court Action No. CGC-20-584041 3 I, the undersigned, declare that I am over the age of eighteen years and not a party to this action 4 or proceeding. My business address is 3620 American River Drive, Suite 218, Sacramento, California 95864. On the date indicated below, I caused the following document(s) to be served: 5 CASE MANAGEMENT CONFERENCE STATEMENT – 6-23-21 6 by placing a true copy of the document(s) listed above, enclosed in a sealed envelope, 7 addressed as set forth below, for collection and mailing on the date and at the business address shown above following our ordinary business practices. I am readily familiar with this 8 business’ practice for collection and processing of correspondence for mailing with the United States Postal Service. On the same day that a sealed envelope is placed for collection 9 and mailing, it is deposited in the ordinary course of business with the United States Postal Service with postage fully prepaid. 10 by having a true copy of the document(s) listed above transmitted by facsimile to the person(s) 11 at the facsimile number(s) set forth below before 5:00 p.m. The transmission was reported as complete without error by a report issued by the transmitting facsimile machine. 12 by causing personal delivery of the document(s) listed above to the person(s) set forth on the 13 date indicated below, see attached service list. 14 by placing a true copy of the document(s) listed above, in a box or other facility regularly maintained by Federal Express (FedEx), an express service carrier, or delivered to a courier 15 or driver authorized by the express service carrier to receive documents, in an envelope designated by the express service carrier, with delivery fees paid or provided for, addressed 16 as set forth below. 17 I electronically served the above referenced document(s) through File & Serve Xpress. E- service in this action was completed on all parties listed on the service list with File & Serve 18 Xpress. This service complies with the court’s order in this case. 19 ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) listed above to the person(s) at the e-mail address(es) set forth below, pursuant to California Rules 20 of Court, Appendix I, Emergency Rule 12. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 21 SEE ATTACHED SERVICE LIST 22 I declare under penalty of perjury that the foregoing is true and correct. Executed on May 14, 23 2021, at Sacramento, California. 24 25 Yolanda Bullock 26 27 28 1 PROOF OF SERVICE 1 SERVICE LIST 2 James A. Quadra Attorneys for Plaintiff 3 Rebecca Coll 1367 NATOMA ST SF, LLC Robert D. Sanford 4 QUADRA & COLL, LLP T: 415.426.3502 649 Mission Street, Fifth Floor F: 415.625.9936 5 San Francisco, CA 94105 E: jquadra@quadracoll.com; rcoll@quadracoll.com; 6 rsanford@quadracoll.com 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