Jury Demand in PETER AUERBACH ET AL VS. PACIFIC GAS AND ELECTRIC COMPANY ET AL| Trellis.Law

On October 09, 2018 a Jury Demand was filed involving a dispute between Auerbach, Lorraine, Auerbach, Peter, and Does 1 To 20, Pacific Gas And Electric Company, Pg&E Corporation, for MASS TORT in the District Court of San Francisco County.

Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

John A. McMahon 237261
Hatton, Petrie & Stackler APC
12 Journey, Ste 255
Aliso Viejo, CA 92656
TELEPHONE NO.: 949/474-4222 FAX NO.(Optional): 949/474-1244
ELECTRONICALLY
j_mcmahon@hattonpetrie.com
E-MAIL ADDRESS:

ATTORNEY FOR (Name): Plaintiffs F I L E D
Superior Court of California,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco County of San Francisco
STREET ADDRESS: 400 McAllister Street
MAILING ADDRESS: 03/24/2022
CITY AND ZIP CODE:San Francisco, CA 94102-4515 Clerk of the Court
BY: ANGELICA SUNGA
BRANCH NAME: San Francisco Deputy Clerk
PLAINTIFF/PETITIONER: Peter & Lorraine Auerbach
DEFENDANT/RESPONDENT: PACIFIC GAS AND ELECTRIC COMPANY,
PG & E CORPORATION, AND DOES 1-20
CASE MANAGEMENT STATEMENT CASE NUMBER:

(Check one): X UNLIMITED CASE  LIMITED CASE CGC-18-570365
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 4/20/2022 Time: 10:30 AM Dept.: 610 Div.: Room:
Address of court (if different from the address above):

X Notice of Intent to Appear by Telephone, by (name): Gregory Hatton or John McMahon
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.

1. Party or parties (answer one):
a. X This statement is submitted by party (name): Plaintiffs Peter & Lorraine Auerbach
b.  This statement is submitted jointlyby parties (names):

2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 10/9/2018
b.  The cross-complaint, if
any, was filed on (date):

3. Service (to be answered by plaintiffs and cross-complainants only)
a. X 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 the date by which
they may be served):

4. Description of case
a. Type of case in X complaint  cross-complaint (Describe, including causes of action):
The Auerbachs sue PG&E related to destruction of their property
during the Tubbs Fire. Plaintiffs have filed the Individual
Plaintiff's Short Form of Complaint for JCCP 4955. Negligence,
Inverse Condemnation, Nuisance, Tresapss, PUC 2016, H&S Code 13007. Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of California rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov

Auerbach
CM-110
PLAINTIFF/PETITIONER: Peter & Lorraine Auerbach CASE NUMBER:

CGC-18-570365
DEFENDANT/RESPONDENT: PACIFIC GAS AND ELECTRIC COMPANY,
PG & E CORPORATION, AND DOES 1-20
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.)
The Auerbach's home in Santa Rosa, California was destroyed in the
Tubbs Fire. Auerbachs have been partially compensated for their
loss by State Farm, but have not been made whole. The Auerbachs
damages are well over $5 million, not including tort damages.
 (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 X a jury trial  a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial): PG&E has filed bankruptcy. It is expected this matter will
resolve in bankruptcy proceedings.
6. Trial date
a.  The trial has been set for (date):
b. X 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):PG&E has filed bankruptcy. It is expected this matter will
resolve in bankruptcy proceedings.
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. X days (specify number): 10
b.  hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial X by the attorney or party listed in the caption X by the following:
a. Attorney: Gregory M. Hatton, Art Petrie, Dan Heck
b. Firm: All other contact information the same.
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented: Plaintiffs
 Additional representation isdescribed 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 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
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 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) X 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):
Relief Sought
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5

Auerbach
CM-110
PLAINTIFF/PETITIONER: Peter & Lorraine Auerbach CASE NUMBER:

CGC-18-570365
DEFENDANT/RESPONDENT: PACIFIC GAS AND ELECTRIC COMPANY,
PG & E CORPORATION, AND DOES 1-20
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):

X Mediation session not yet scheduled

(1) Mediation X  Mediation session scheduled for (date):
 Agreed to complete mediation by (date):
 Mediation completed on (date):

X Settlement conference not yet scheduled

(2) Settlement
X  Settlement conference scheduled for (date):
conference
 Agreed to complete settlement conference by (date):
 Settlement conference completed on (date):

 Neutral evaluation not yet scheduled
(3) Neutral evaluation   Neutral evaluation scheduled for (date):
 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. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5

Auerbach
CM-110
PLAINTIFF/PETITIONER: Peter & Lorraine Auerbach CASE NUMBER:

CGC-18-570365
DEFENDANT/RESPONDENT: PACIFIC GAS AND ELECTRIC COMPANY,
PG & E CORPORATION, AND DOES 1-20
11. Insurance
a.  Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights:  Yes  No
c. X Coverage issues willsignificantly
affectresolution of this case (explain):
Auerbachs have been partially compensated for their loss by State
Farm, but have not been made whole. State Farm did not cover
Auerbachs for all costs of rebuilding despite representing it would.
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
X Bankruptcy  Other (specify):
Status: Pending. PG&E has filed a notice of stay in this matter.
19-30088, USBC, Northern District of CA
13. Related cases, consolidation, and coordination
a. X There are companion, underlying, or related cases.
(1) Name of case: Many. Cases are coordinated/related under JCCP 4955.
(2) Name of court: Auerbachs also have a case against State Farm in
(3) Case number: Santa Rosa Courts, SCV-263270, which has been delayed
(4) Status: until the bankruptcy award to Auerbachs is resolved.
 Additional cases are described in Attachment 13a.
b.  A motion to  consolidate  coordinate will be filed by (name party):

14. Bifurcation
X 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
X The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Possible discovery motions.

16. Discovery
a.  The party or parties have completed all discovery.
b. X The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiffs Written Discovery TBD

Plaintiffs Depositions TBD

Plaintiffs Expert Discovery TBD
c. X The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
PG&E has filed bankruptcy. It is expected this matter will
resolve in bankruptcy proceedings.

CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5

Auerbach
CM-110
PLAINTIFF/PETITIONER: Peter & Lorraine Auerbach CASE NUMBER:

CGC-18-570365
DEFENDANT/RESPONDENT: PACIFIC GAS AND ELECTRIC COMPANY,
PG & E CORPORATION, AND DOES 1-20
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
X The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): PG&E has filed for Chapter 11 Bankruptcy and has filed
a notice of stay in this matter.
Bankruptcy case information:
19-30088, USBC, Northern District of CA.
It is expected this matter will resolve in BK
proceedings. The Court should continue this hearing.
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):See Section 18, above.
Plaintiffs request a continuance of this hearing
while the BK matter proceeds. The Auerbachs have
not yet gotten a decision on their claim from the
Fire Victim Trust. This matter should be contunued
6 months as at that time it is hoped the Auerbachs
b.  After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify): will have resolved all claims in the Fire Victim
Trust.

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: 3/24/2022

John A. McMahon /s/John A. McMahon
(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. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5

Auerbach
1 PROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF ORANGE
3
I am employed in the County of Orange, State of California. I am over the age of 18 and not a
4 party to the within action; my business address is 12 Journey, Suite 255, Aliso Viejo, CA 92656.

5 On the date indicated below, I hereby certify that I caused to be served true and correct
copies of the following document(s): CASE MANAGEMENT CONFERENCE STATEMENT. I
6 served the document(s) on the person(s) listed below.

7 KEITH E. EGGLETON, SBN 159842
Email: keggleton@wsgr.com
8
WILSON SONSINI GOODRICH & ROSATI
9 Professional Corporation
650 Page Mill Road
10 Palo Alto, CA 94304-1050
Telephone: (650) 493-9300
11 Facsimile: ( 650) 565-5100
12
[X] (BY U.S. MAIL)
13
[X] As follows: I am "readily familiar" with the firm's practice of collection and
14 processing correspondence for mailing. Under that practice it would be deposited with U.S. postal
service on that same day with postage thereon fully prepaid at Aliso Viejo, California in the ordinary
15 course of business. I am aware that on motion of the party served, service is presumed invalid if
postal cancellation date or postage meter date is more than one day after date of deposit for mailing in
16
affidavit.
17
I declare under penalty of perjury under the laws of the State of California that the above is
18 true and correct.
19 Executed on November 29, 2021 at Aliso Viejo, California.
20
/s/ John A. McMahon
21 ___________________________
John A. McMahon
22

-1-
PROOF OF SERVICE

Case Info

Judge

Samuel K. Feng Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

March 24, 2022

Case Filing Date

October 09, 2018

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Jury Demand: PETER AUERBACH ET AL VS. PACIFIC GAS AND ELECTRIC COMPANY ET AL

Preview

Case Info

Parties