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.:9 4 9 I 4 7 4- 4 2 2 2 9 4 9 I 4 7 4 -12 4 4
FAX NO.(Optional}. ELECTRONICALLY
j
E-MAILADDRESS(OptionaiJ: mcmahon@hattonpetrie. com
p 1 ai n tiffS
F I L E D
ATTORNEY FOR (Name): Superior Court of California,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco County of San Francisco
sTREETADDREss: 400 McAllister Street 05/23/2019
MAILINGADDREss: 400 McAllister Street Clerk of the Court
ciTYANDZIPcooE: San Francisco, CA 94102-4515 BY: JUDITH NUNEZ
Deputy Clerk
BRANCH NAME: San Fracisco
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): [ZJ UNLIMITED CASE 0 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: 611912019 Time: 10:30 AM Dept.: 610 Div.: Room:
Address of court (if different from the address above):
[ZJ NoticeoflntenttoAppearbyTelephone,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. [ZJ This statement is submitted by party (name): Peter & Lorraine Auerbach
b. D 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): 10 I 9 I 2 0 18
b. D The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. [ZJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. D The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):
(2) D have been served but have not appeared and have not been dismissed (specify names):
(3) D have had a default entered against them (specify names):
c. D 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 [ZJ complaint D 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,
Public Nuisance, Private Nuisance, Trespass, PUC 2106, H&S Code 13007
Page 1 of 5
CEs·r ,ii:'JForms
Form Adopted for Mandatory Use
Judicial Council of California
CM-110 [Rev. July 1, 2011]
ceb.com
~~entia~
CASE MANAGEMENT STATEMENT CaL Rules of Court,
rules 3. 720-3.730
www.courls.ca.gov
Auerbach
CM-110
PLAINTIFF/PETITIONER:Peter & Lorraine Auerbach CASE NUMBER:
CGC-18-570365
DEFENDANTIRESPONDENT: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 horne 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 total damages reach
well over $5 million, not including mental anguish/emotional distress.
D (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 IX) a jury trial D a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. D The trial has been set for (date):
b. IX) 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 matter can be ready from within 12 months of the case
management conference.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
November 2019 to January 2020
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. IX) days (specify number): 10
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial IX) by the attorney or party listed in the caption IX) 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
D Additional representation is described in Attachment 8.
9. Preference
D 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 IX) has D has not provided the ADR information package identified
in rule 3.221to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party D has D has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) D 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) D 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) IX) 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·controvery too large
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5
CEB'I ~ssentia!
ceb.com,~:::,Forms 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):
W Mediation session not yet scheduled
(1) Mediation w D Mediation session scheduled for (date):
D Agreed to complete mediation by (date):
D Mediation completed on (date):
W Settlement conference not yet scheduled
(2) Settlement D Settlement conference scheduled for (date):
conference w
D Agreed to complete settlement conference by (date):
D Settlement conference completed on (date):
D Neutral evaluation not yet scheduled
D Neutral evaluation scheduled for (date):
(3) Neutral evaluation D
D Agreed to complete neutral evaluation by (date):
D Neutral evaluation completed on (date):
D Judicial arbitration not yet scheduled
(4) Nonbinding judicial D D Judicial arbitration scheduled for (date):
arbitration
D Agreed to complete judicial arbitration by (date):
D Judicial arbitration completed on (date):
D Private arbitration not yet scheduled
(5) Binding private D D Private arbitration scheduled for (date):
arbitration
D Agreed to complete private arbitration by (date):
D Private arbitration completed on (date):
D ADR session not yet scheduled
(6) Other (specify): D D ADR session scheduled for (date):
D Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5
CEB'I Essential
ceb.comQ]Forms·
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. Q Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Q Yes D No
c. l::xJCoverage issues will significantly affect resolution 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 costs or rebuilding despite representing such coverage.
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
l::xJBankruptcy Q 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. l::xJThere are companion, underlying, or related cases.
(1) Name of case: Many. Cases are coordinated/ related under JCCP 4 955.
(2) Name of court:
(3) Case number:
(4) Status:
Q Additional cases are described in Attachment 13a.
b. Q A motion to Q consolidate D coordinate will be filed by (name patty):
14. Bifurcation
Q 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 patty, type of motion, and reasons):
15. Other motions
l::xJThe party or parties expect to file the following motions before trial (specify moving patty, type of motion, and issues):
Possible discovery motions.
16. Discovery
a. Q The party or parties have completed all discovery.
b. l::xJThe following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Auerbachs Written Discovery as Needed 12/1/2019
Depositions as Needed 2/1/2019
Expert Discovery as Needed 3/1/2019
c. l::xJThe following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Discovery is being handled through case management orders in
JCCP 4955.
CM-110 [Rev. July 1. 2011] CASE MANAGEMENT STATEMENT Page4 of5
CEB'I':_ssentia!
ceb.comE'! Forms 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. 0 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. 0 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
W 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.
Baknruptcy case information:
19-30088, USBC, Northern District of CA
19. Meet and confer
a. 0 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 (ifnot, explain): PG&E has filed for Chapter 11 Bankruptcy and has filed
a notice of stay in this matter.
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):
the case management conference, including the written authority of the party where requ)red\
Dateo 5/23/2019 '·
, 1
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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 stipulatio~ on these issues at the time of
-------
~ -------="'-~--'----'-------------
,John A McMa bon
''"'" Oe>""' """ ? "'"""'' O"
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.:9 4 9 I 4 7 4- 4 2 2 2 9 4 9 I 4 7 4 -12 4 4 FAX NO.(Optional}. ELECTRONICALLY j E-MAILADDRESS(OptionaiJ: mcmahon@hattonpetrie. com p 1 ai n tiffS F I L E D ATTORNEY FOR (Name): Superior Court of California, SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco County of San Francisco sTREETADDREss: 400 McAllister Street 05/23/2019 MAILINGADDREss: 400 McAllister Street Clerk of the Court ciTYANDZIPcooE: San Francisco, CA 94102-4515 BY: JUDITH NUNEZ Deputy Clerk BRANCH NAME: San Fracisco 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): [ZJ UNLIMITED CASE 0 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: 611912019 Time: 10:30 AM Dept.: 610 Div.: Room: Address of court (if different from the address above): [ZJ NoticeoflntenttoAppearbyTelephone,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. [ZJ This statement is submitted by party (name): Peter & Lorraine Auerbach b. D 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): 10 I 9 I 2 0 18 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. [ZJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D 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 [ZJ complaint D 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, Public Nuisance, Private Nuisance, Trespass, PUC 2106, H&S Code 13007 Page 1 of 5 CEs·r ,ii:'JForms Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011] ceb.com ~~entia~ CASE MANAGEMENT STATEMENT CaL Rules of Court, rules 3. 720-3.730 www.courls.ca.gov Auerbach CM-110 PLAINTIFF/PETITIONER:Peter & Lorraine Auerbach CASE NUMBER: CGC-18-570365 DEFENDANTIRESPONDENT: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 horne 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 total damages reach well over $5 million, not including mental anguish/emotional distress. D (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 IX) a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. IX) 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 matter can be ready from within 12 months of the case management conference. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): November 2019 to January 2020 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. IX) days (specify number): 10 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial IX) by the attorney or party listed in the caption IX) 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 D Additional representation is described in Attachment 8. 9. Preference D 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 IX) has D has not provided the ADR information package identified in rule 3.221to the client and reviewed ADR options with the client. (2) For self-represented parties: Party D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D 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) D 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) IX) 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·controvery too large CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CEB'I ~ssentia! ceb.com,~:::,Forms 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): W Mediation session not yet scheduled (1) Mediation w D Mediation session scheduled for (date): D Agreed to complete mediation by (date): D Mediation completed on (date): W Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for (date): conference w D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): (3) Neutral evaluation D D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 CEB'I Essential ceb.comQ]Forms· 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. Q Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Q Yes D No c. l::xJCoverage issues will significantly affect resolution 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 costs or rebuilding despite representing such coverage. 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. l::xJBankruptcy Q 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. l::xJThere are companion, underlying, or related cases. (1) Name of case: Many. Cases are coordinated/ related under JCCP 4 955. (2) Name of court: (3) Case number: (4) Status: Q Additional cases are described in Attachment 13a. b. Q A motion to Q consolidate D coordinate will be filed by (name patty): 14. Bifurcation Q 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 patty, type of motion, and reasons): 15. Other motions l::xJThe party or parties expect to file the following motions before trial (specify moving patty, type of motion, and issues): Possible discovery motions. 16. Discovery a. Q The party or parties have completed all discovery. b. l::xJThe following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Auerbachs Written Discovery as Needed 12/1/2019 Depositions as Needed 2/1/2019 Expert Discovery as Needed 3/1/2019 c. l::xJThe following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Discovery is being handled through case management orders in JCCP 4955. CM-110 [Rev. July 1. 2011] CASE MANAGEMENT STATEMENT Page4 of5 CEB'I':_ssentia! ceb.comE'! Forms 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. 0 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. 0 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 W 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. Baknruptcy case information: 19-30088, USBC, Northern District of CA 19. Meet and confer a. 0 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 (ifnot, explain): PG&E has filed for Chapter 11 Bankruptcy and has filed a notice of stay in this matter. 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): the case management conference, including the written authority of the party where requ)red\ Dateo 5/23/2019 '· , 1 'i4 jl~ '/I J L 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 stipulatio~ on these issues at the time of ------- ~ -------="'-~--'----'------------- ,John A McMa bon ''"'" Oe>""' """ ? "'"""'' O"