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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-26-2013 12:10 pm
Case Number: CGC-13-531203
Filing Date: Aug-22-2013 12:02 pm
Filed by: MEREDITH GRIER
Juke Box: 001 Image: 04177795
CASE MANAGEMENT STATEMENT
88 TOWNSEND STREET OWNERS ASOCIATION, VS. 689 SECOND
DEVELOPMENT LLC, et al
001004177795
Instructions:
Please place this sheet on top of the document to be scanned.CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
David M. Levy SBN: 161834
VAN DE POEL, LEVY & ALLEN, LLP
1600 South Main Plaza, Suite 325
Walnut Creek, CA 94596
TELEPHONE NO.: (925) 934-6102 FAXNO. (Optiona): (925) 934-6060 San Fi
E-MAIL ADDRESS (Optionap: dlevy@vanlevylaw.com ” Francisco County Superior
ATTORNEY FOR (Name). Sternberg Benjamin Architects, a California corporation AU ure
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO C G2 22013
street aopress: 400 McAllister Street LERK FT .
MaiLine AooREss 400 McAllister Street By. Maan Ay EASOURT
city ano zip cove: San Francisco, CA 94102 Boe
BRANCH NAME. Civic Center Courthouse "Cenk
PLAINTIFF/PETITIONER: 88 Townsend Street Owners Association
DEFENDANT/RESPONDENT: 699 Second Development, LLC, et al.
CASE MANAGEMENT STATEMENT CCASE NUMBER
(Check one): CX] UNLIMITED CASE LIMITED CASE CGC-13-531203
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 9, 2013 Time: 10:30 a.m. Dept. Div.: Room: 610
Address of court (if different from the address above):
[EZ] Notice of Intent to Appear by Telephone, by (name): David M. Levy
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. LX] This statement is submitted by party (name): Sternberg Benjamin Architects, a California corporation
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The compiaint was filed on (date):
b. CX] 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. [2%] The following parties named in the complaint or cross-complaint
(1) [X17 have not been served (specify names and explain why not): MOE Cross-Defendants have yet to be
ascertained
(2) [1 have been served but have not appeared and have not been dismissed (specify names):
(3) [1 have had a default entered against them (specify names):
Cc. 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 ofcasein [X] complaint Co cross-complaint (Describe, including causes of action): Alleged
construction defects. Cause of action for: Violation of Residential Building Standards (Cal. Civ. Code Sections 896 and
897).
Page 1 of 5
Form Adopiod for Mandatory Use CASE MANAGEMENT STATEMENT Ga Ree of Co,
CEM Rev dal Pst ‘ieso e030
Westtaw Doc & Form Budder=‘CASE NUMBER:
CGC-13-531203
CM-110
| PLAINTIFF/PETITIONER: 88 Townsend Street Owners Association
DEFENDANT/RESPONDENT: 699 Second Development, LLC, et al.
4. b._ Provide a brief statement of the case, including any damages. (/f 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 case arises out of the alleged construction and design related defects at a one hundred twelve (112) unit condominium
complex, located at 88 Townsend Street, San Francisco, California. The project is a conversion of a historic building and
was built in and around 2004.
(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 CX] a jury trial [[_] anonjurytrial. (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):
bv. [XJ 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. LX) days (specify number): 10 to 15 days
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 [_] by the following:
a. Attorney:
Firm:
Address:
Telephone number: f. Fax number:
c.
d
e._E-mail address: g. Party represented:
[1] Additional representation is described in Attachment 8.
9. Preference
[1] 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 (3 has £1 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 Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CMO Ren iy 2OHT CASE MANAGEMENT STATEMENT Paoe oF| PLAINTIFF/PETITIONER: 88 Townsend Street Owners Association CASE NUMBER:
DEFENDANT/RESPONDENT: 699 Second Development, LLC, et al. CGC-13-531203
CM-110
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 ail 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):
(1) Mediation
(2) Settlement
conference
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (dafe):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
(3) Neutral evaluati Neutral evaluation scheduled for (date):
leutral 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
(6) 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
ADR session scheduled for (date):
(6) Other (specify):
Special Master Agreed to complete ADR session by (date):
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ADR completed on (date):
‘CM-110 Rev. July 4, 2014] Page Sof
CASE MANAGEMENT STATEMENTPLAINTIFF/PETITIONER'88 Townsend Street Owners Association CASE NUMBER
[ CGC-13-531203
DEFENDANT/RESPONDENT:699 Second Development, LLC, et al.
11. Insurance
a. [0] Insurance carrier, if any, for party filing this statement (name): Everest National Insurance Co.
b. Reservation of rights: [XJ Yes [21 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. [_] Amotion to consolidate [_] coordinate will 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
(Xd The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Standard motions in limine and trial briefs are anticipated. This party reserves the right to file additional motions as
needed.
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
Sternberg Benjamin Architects All discovery per Code
c The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
GMO Re ay 3.2088 CASE MANAGEMENT STATEMENT Faas dorsPLAINTIFF/PETITIONER: 88 Townsend Street Owners Association (CASE NUMBER:
lo CGC-13-531203
DEFENDANT/RESPONDENT; 699 Second Development, LLC, et al.
CM-110
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
(7 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):
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):
{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 ua conference, including the written authority of the party where required.
. 2013
yw ML
David M. Levy
Date: August
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
»
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[] Additional signatures are attached.
MANO Rev iy, OHH CASE MANAGEMENT STATEMENT PasesorsYour CourtCall Appearance has been confirmed
Attorney Appearing: David M. Levy Calendar Status
Firm: Van De Poel, Levy & Allen, LLP
Tel: (925) 934-6102 Fax: (925) 934-6060 for Rotating Judges, Dept. 610 on Wednesday,
Representing: Defendant(s), Sternberg Benjamin Architects October 9th, 2013 at 10:30 AM PT
Cust. Ref. #: 88 Townsend/Stemberg Benjamin Architects At five minutes prior to the above time, dial (877)
234-5867. This call will be operator assisted.
Per CRC 3.670, effective 7/1/13 the statewide fee for a CourtCall
Appearance is $86.00, $20.00 of which is for the benefit of the Trial Court
Trust Fund.
Never share your conference information with others as
access is restricted to you, the scheduled party.
CONFIRMATION
San Francisco Superior Court
Case Name: 88 Townsend Owners Assn vs. 699 Second Be prompt, or your case may be heard
Development, LLC without you!
Case Number: CGC-13-531203 If you encounter any problems or if the Court has not
Proceeding: Case Management Conference joined the call within 18 minutes, remain on your
teleconference and have a staff member call CourtCall at
CourtCall ID# 5783365 (not access code) (888) 882-6878 or (310) 342-0888.
2
go
Mandatory procedures for your CourtCall® Telephonic Appearance are as follows:
. Please take a moment to review this Confirmation. If a change or correction is required, or if you have not received a Confirmation for each
reservation made, please contact us at: (888) 882-6878 or (310) 342-0888.
. It is the participant's responsibility to dial into the conference at least five minutes prior to the scheduled hearing time as CourtCall does not
call the participant. If you are unavoidably late and your matter is being heard in Court which is already in session, you must wait for an
appropriate moment to announce yourself. Do not interrupt the Judge.
Do not use a payphone, cellular phone, headset or speakerphone or incorporateljoin this call into another conference call. Never
place the conference on hold.
. Once you have joined the call, an operator, clerk or the Judge may check you in. Alternatively, you may not be addressed until your case is
called. Do not place the call on hold or allow anyone else to hold on your behalf. During the entirety of the call, you should be in a quiet
area with your attention focused solely on the Court. Refrain from making or allowing any background noise such as cell phones ringing,
intercoms, typing, paper-shuffling, dogs barking, etc., as the Court will not tolerate any disruptions on the line. If you are comfortable using
the mute feature on your phone, you may use it but be sure to un-mute it when your matter is called.
. If your matter is being heard in Court, listen carefully to proceedings as the Court may make general observations applicable to all matters,
which will not be repeated. When spe: with the Court i self each ti k. The Court expects you to act
professionally and failure to adhere to these instructions may result in the termination of your call or the entire conference, sanctions fora
non-appearance, an order to appear in Court at the next session or other consequences the Court deems appropriate, as well as
withdrawing the privilege of appearing telephonically in the future.
It is the participant's (or scheduling party's) responsibility to notify CourtCall of any continuance or cancellation prior to the scheduled
hearing time to have any previously paid fees applied to the continued hearing or to be eligible for a refund, as the Court will not notify
CourtCall of any continuance or cancellation of your matter. Matters continued at the time of the hearing must be rescheduled and a new
fee will apply. To continue or cancel your CourtCall Telephonic Appearance, call (888) 882-6878 prior to the scheduled appearance time.
;. Please hang up your phone immediately after the Judge concludes your case.
Stop writing checks or tracking credit card charges, open a CourtCall Debit Account and receive a monthly ledger identifying each
CourtCall Appearance. Please call our office for details. Our address is CourtCall LLC, 6383 Arizona Circle, Los Angeles, CA
annag
COURTCALL'S LIABILITY CONCERNING THIS TELEPHONIC APPEARANCE IS LIMITED TO THE FEE PAID TO COURTCALL.
David Levy (P} CONFIRMATION FOR COURTCALL® TELEPHONIC APPEARANCE Our Tax ID# 95-4568415,pe
CoO Oe NOD HW RF YN
28
VANCE POR,
Lev &AUEN, LLP
ATTORNEYS AT LAW
1600 South Main Paza
“Telephore: (925) 9346102
Facsimile: (025) 934-6060
PROOF OF SERVICE
lam employed in the County of Contra Costa, State of California. I am over the age of 18 and
not a party to the within action. My business address is at Van De Poel, Levy & Allen, LLP, 1600
South Main Plaza, Suite 325, Walnut Creek, CA 94596.
On August 21, 2013, I served the foregoing document(s) described as:
DEFENDANT, STERNBERG BENJAMIN ARCHITECTS’S CASE
MANAGEMENT STATEMENT AND COURTCALL TELEPHONIC
APPEARANCE - CONFIRMED
on all other parties and/or their attorney(s) of record to this action as follows:
ee SEE ATTACHED SERVICE LIST ***
[x] By United States Postal Service: I am a resident of, or employed in, the county where
the mailing occurs; I am over the age of 18 years and am not a party to the cause. I am
readily familiar with the business’ practice for collection and processing of correspondence
for mailing with the United States Postal Service. The envelope was placed for deposit in
the United States Postal Service at Van De Poel, Levy & Allen, LLP, in Walnut Creek,
California on August 21, 2013. The envelope was sealed and placed for collection and
mailing with first-class prepaid postage on that date following ordinary business practices.
Service made pursuant to CCP § 1013a(3), upon motion of a party served, shall be
ptesumed invalid if the postal cancellation date or postage meter date on the envelope is
more than one day after the date of deposit for mailing contained in the affidavit.
{] By Facsimile: By faxing a copy of the above-referenced document(s) to the addressee at
the number set forth beneath their above-listed address. At the completion of the
transmission, a Transmission Report was generated, confirming transmission and receipt
by the addresse(es).
{] By Personal Delivery: By personally delivering a true copy thereof to the person(s) and
at the address(es) set forth below.
[] By Overnight Delivery: At the address(es) listed herein above.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct to the best of my knowledge.
Executed on August 21, 2013, at Walnut Creek, Contra Costa County, California.
Phyllis A. Hawkins Thi f Kane hun
Signatyte
{01051125.DOC;1} 1
Proof of Serviceom IN DH FF WN &
NNN RK YD S| Se Be Be ew we ew Be Se
A BON = SF © Mm IAA A BBR = S
26
Walnut Creek, CA 99595
“eieghone: (925) 934-6102}
Facsinie: (925) 94-6060
SERVICE LIST
Case: 88 Townsend Street Owners Association vs. 699 Second Development, LLC, et al.
Court: San Francisco County Superior Court Action No.: CGC-13-531203
Representing: | Sternberg Benjamin Architects, a California corporation
Thomas E. Miller, Esq. Steven M. Cvitanovic, Esq.
Rachel M. Miller, Esq.
David F. Mangini, Esq.
Matthew T. Miller, Esq.
HAIGHT BROWN & BONESTEEL LLP
71 Stevenson Street, 20" Floor
San Francisco, CA 94105-2981
THE MILLER LAW FIRM Telephone: — (415) 546-7500
235 Montgomery Street, Suite 930 Facsimile: (415) 546-7505
San Francisco, CA 9 4104 Email: scvitanovic@hbblaw.com
Telephone: — (415) 437-1800 Attorneys for 699 SECOND
Facsimile: (415) 437-0177 DEVELOPMENT, LLC; CANNON
Email: tmiller@constructiondefects.com CONSTRUCTORS, INC.
Attorneys for PLAINTIFF
{01051125.DOC;1}
Proof of Service
Preview
OU SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-26-2013 12:10 pm Case Number: CGC-13-531203 Filing Date: Aug-22-2013 12:02 pm Filed by: MEREDITH GRIER Juke Box: 001 Image: 04177795 CASE MANAGEMENT STATEMENT 88 TOWNSEND STREET OWNERS ASOCIATION, VS. 689 SECOND DEVELOPMENT LLC, et al 001004177795 Instructions: Please place this sheet on top of the document to be scanned.CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY David M. Levy SBN: 161834 VAN DE POEL, LEVY & ALLEN, LLP 1600 South Main Plaza, Suite 325 Walnut Creek, CA 94596 TELEPHONE NO.: (925) 934-6102 FAXNO. (Optiona): (925) 934-6060 San Fi E-MAIL ADDRESS (Optionap: dlevy@vanlevylaw.com ” Francisco County Superior ATTORNEY FOR (Name). Sternberg Benjamin Architects, a California corporation AU ure ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO C G2 22013 street aopress: 400 McAllister Street LERK FT . MaiLine AooREss 400 McAllister Street By. Maan Ay EASOURT city ano zip cove: San Francisco, CA 94102 Boe BRANCH NAME. Civic Center Courthouse "Cenk PLAINTIFF/PETITIONER: 88 Townsend Street Owners Association DEFENDANT/RESPONDENT: 699 Second Development, LLC, et al. CASE MANAGEMENT STATEMENT CCASE NUMBER (Check one): CX] UNLIMITED CASE LIMITED CASE CGC-13-531203 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 9, 2013 Time: 10:30 a.m. Dept. Div.: Room: 610 Address of court (if different from the address above): [EZ] Notice of Intent to Appear by Telephone, by (name): David M. Levy INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. LX] This statement is submitted by party (name): Sternberg Benjamin Architects, a California corporation b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The compiaint was filed on (date): b. CX] 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. [2%] The following parties named in the complaint or cross-complaint (1) [X17 have not been served (specify names and explain why not): MOE Cross-Defendants have yet to be ascertained (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) [1 have had a default entered against them (specify names): Cc. 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 ofcasein [X] complaint Co cross-complaint (Describe, including causes of action): Alleged construction defects. Cause of action for: Violation of Residential Building Standards (Cal. Civ. Code Sections 896 and 897). Page 1 of 5 Form Adopiod for Mandatory Use CASE MANAGEMENT STATEMENT Ga Ree of Co, CEM Rev dal Pst ‘ieso e030 Westtaw Doc & Form Budder=‘CASE NUMBER: CGC-13-531203 CM-110 | PLAINTIFF/PETITIONER: 88 Townsend Street Owners Association DEFENDANT/RESPONDENT: 699 Second Development, LLC, et al. 4. b._ Provide a brief statement of the case, including any damages. (/f 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 case arises out of the alleged construction and design related defects at a one hundred twelve (112) unit condominium complex, located at 88 Townsend Street, San Francisco, California. The project is a conversion of a historic building and was built in and around 2004. (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 CX] a jury trial [[_] anonjurytrial. (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): bv. [XJ 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. LX) days (specify number): 10 to 15 days 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 [_] by the following: a. Attorney: Firm: Address: Telephone number: f. Fax number: c. d e._E-mail address: g. Party represented: [1] Additional representation is described in Attachment 8. 9. Preference [1] 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 (3 has £1 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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CMO Ren iy 2OHT CASE MANAGEMENT STATEMENT Paoe oF| PLAINTIFF/PETITIONER: 88 Townsend Street Owners Association CASE NUMBER: DEFENDANT/RESPONDENT: 699 Second Development, LLC, et al. CGC-13-531203 CM-110 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 ail 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): (1) Mediation (2) Settlement conference Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (dafe): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3) Neutral evaluati Neutral evaluation scheduled for (date): leutral 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 (6) 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 ADR session scheduled for (date): (6) Other (specify): Special Master Agreed to complete ADR session by (date): oo Co Co oo Co Co Co co oO Oo oo Co Co o Co oO cl oo Co co oo oo Co Oo ADR completed on (date): ‘CM-110 Rev. July 4, 2014] Page Sof CASE MANAGEMENT STATEMENTPLAINTIFF/PETITIONER'88 Townsend Street Owners Association CASE NUMBER [ CGC-13-531203 DEFENDANT/RESPONDENT:699 Second Development, LLC, et al. 11. Insurance a. [0] Insurance carrier, if any, for party filing this statement (name): Everest National Insurance Co. b. Reservation of rights: [XJ Yes [21 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. [_] Amotion to consolidate [_] coordinate will 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 (Xd The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Standard motions in limine and trial briefs are anticipated. This party reserves the right to file additional motions as needed. 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 Sternberg Benjamin Architects All discovery per Code c The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): GMO Re ay 3.2088 CASE MANAGEMENT STATEMENT Faas dorsPLAINTIFF/PETITIONER: 88 Townsend Street Owners Association (CASE NUMBER: lo CGC-13-531203 DEFENDANT/RESPONDENT; 699 Second Development, LLC, et al. CM-110 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 (7 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): 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): {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 ua conference, including the written authority of the party where required. . 2013 yw ML David M. Levy Date: August (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [] Additional signatures are attached. MANO Rev iy, OHH CASE MANAGEMENT STATEMENT PasesorsYour CourtCall Appearance has been confirmed Attorney Appearing: David M. Levy Calendar Status Firm: Van De Poel, Levy & Allen, LLP Tel: (925) 934-6102 Fax: (925) 934-6060 for Rotating Judges, Dept. 610 on Wednesday, Representing: Defendant(s), Sternberg Benjamin Architects October 9th, 2013 at 10:30 AM PT Cust. Ref. #: 88 Townsend/Stemberg Benjamin Architects At five minutes prior to the above time, dial (877) 234-5867. This call will be operator assisted. Per CRC 3.670, effective 7/1/13 the statewide fee for a CourtCall Appearance is $86.00, $20.00 of which is for the benefit of the Trial Court Trust Fund. Never share your conference information with others as access is restricted to you, the scheduled party. CONFIRMATION San Francisco Superior Court Case Name: 88 Townsend Owners Assn vs. 699 Second Be prompt, or your case may be heard Development, LLC without you! Case Number: CGC-13-531203 If you encounter any problems or if the Court has not Proceeding: Case Management Conference joined the call within 18 minutes, remain on your teleconference and have a staff member call CourtCall at CourtCall ID# 5783365 (not access code) (888) 882-6878 or (310) 342-0888. 2 go Mandatory procedures for your CourtCall® Telephonic Appearance are as follows: . Please take a moment to review this Confirmation. If a change or correction is required, or if you have not received a Confirmation for each reservation made, please contact us at: (888) 882-6878 or (310) 342-0888. . It is the participant's responsibility to dial into the conference at least five minutes prior to the scheduled hearing time as CourtCall does not call the participant. If you are unavoidably late and your matter is being heard in Court which is already in session, you must wait for an appropriate moment to announce yourself. Do not interrupt the Judge. Do not use a payphone, cellular phone, headset or speakerphone or incorporateljoin this call into another conference call. Never place the conference on hold. . Once you have joined the call, an operator, clerk or the Judge may check you in. Alternatively, you may not be addressed until your case is called. Do not place the call on hold or allow anyone else to hold on your behalf. During the entirety of the call, you should be in a quiet area with your attention focused solely on the Court. Refrain from making or allowing any background noise such as cell phones ringing, intercoms, typing, paper-shuffling, dogs barking, etc., as the Court will not tolerate any disruptions on the line. If you are comfortable using the mute feature on your phone, you may use it but be sure to un-mute it when your matter is called. . If your matter is being heard in Court, listen carefully to proceedings as the Court may make general observations applicable to all matters, which will not be repeated. When spe: with the Court i self each ti k. The Court expects you to act professionally and failure to adhere to these instructions may result in the termination of your call or the entire conference, sanctions fora non-appearance, an order to appear in Court at the next session or other consequences the Court deems appropriate, as well as withdrawing the privilege of appearing telephonically in the future. It is the participant's (or scheduling party's) responsibility to notify CourtCall of any continuance or cancellation prior to the scheduled hearing time to have any previously paid fees applied to the continued hearing or to be eligible for a refund, as the Court will not notify CourtCall of any continuance or cancellation of your matter. Matters continued at the time of the hearing must be rescheduled and a new fee will apply. To continue or cancel your CourtCall Telephonic Appearance, call (888) 882-6878 prior to the scheduled appearance time. ;. Please hang up your phone immediately after the Judge concludes your case. Stop writing checks or tracking credit card charges, open a CourtCall Debit Account and receive a monthly ledger identifying each CourtCall Appearance. Please call our office for details. Our address is CourtCall LLC, 6383 Arizona Circle, Los Angeles, CA annag COURTCALL'S LIABILITY CONCERNING THIS TELEPHONIC APPEARANCE IS LIMITED TO THE FEE PAID TO COURTCALL. David Levy (P} CONFIRMATION FOR COURTCALL® TELEPHONIC APPEARANCE Our Tax ID# 95-4568415,pe CoO Oe NOD HW RF YN 28 VANCE POR, Lev &AUEN, LLP ATTORNEYS AT LAW 1600 South Main Paza “Telephore: (925) 9346102 Facsimile: (025) 934-6060 PROOF OF SERVICE lam employed in the County of Contra Costa, State of California. I am over the age of 18 and not a party to the within action. My business address is at Van De Poel, Levy & Allen, LLP, 1600 South Main Plaza, Suite 325, Walnut Creek, CA 94596. On August 21, 2013, I served the foregoing document(s) described as: DEFENDANT, STERNBERG BENJAMIN ARCHITECTS’S CASE MANAGEMENT STATEMENT AND COURTCALL TELEPHONIC APPEARANCE - CONFIRMED on all other parties and/or their attorney(s) of record to this action as follows: ee SEE ATTACHED SERVICE LIST *** [x] By United States Postal Service: I am a resident of, or employed in, the county where the mailing occurs; I am over the age of 18 years and am not a party to the cause. I am readily familiar with the business’ practice for collection and processing of correspondence for mailing with the United States Postal Service. The envelope was placed for deposit in the United States Postal Service at Van De Poel, Levy & Allen, LLP, in Walnut Creek, California on August 21, 2013. The envelope was sealed and placed for collection and mailing with first-class prepaid postage on that date following ordinary business practices. Service made pursuant to CCP § 1013a(3), upon motion of a party served, shall be ptesumed invalid if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained in the affidavit. {] By Facsimile: By faxing a copy of the above-referenced document(s) to the addressee at the number set forth beneath their above-listed address. At the completion of the transmission, a Transmission Report was generated, confirming transmission and receipt by the addresse(es). {] By Personal Delivery: By personally delivering a true copy thereof to the person(s) and at the address(es) set forth below. [] By Overnight Delivery: At the address(es) listed herein above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge. Executed on August 21, 2013, at Walnut Creek, Contra Costa County, California. Phyllis A. Hawkins Thi f Kane hun Signatyte {01051125.DOC;1} 1 Proof of Serviceom IN DH FF WN & NNN RK YD S| Se Be Be ew we ew Be Se A BON = SF © Mm IAA A BBR = S 26 Walnut Creek, CA 99595 “eieghone: (925) 934-6102} Facsinie: (925) 94-6060 SERVICE LIST Case: 88 Townsend Street Owners Association vs. 699 Second Development, LLC, et al. Court: San Francisco County Superior Court Action No.: CGC-13-531203 Representing: | Sternberg Benjamin Architects, a California corporation Thomas E. Miller, Esq. Steven M. Cvitanovic, Esq. Rachel M. Miller, Esq. David F. Mangini, Esq. Matthew T. Miller, Esq. HAIGHT BROWN & BONESTEEL LLP 71 Stevenson Street, 20" Floor San Francisco, CA 94105-2981 THE MILLER LAW FIRM Telephone: — (415) 546-7500 235 Montgomery Street, Suite 930 Facsimile: (415) 546-7505 San Francisco, CA 9 4104 Email: scvitanovic@hbblaw.com Telephone: — (415) 437-1800 Attorneys for 699 SECOND Facsimile: (415) 437-0177 DEVELOPMENT, LLC; CANNON Email: tmiller@constructiondefects.com CONSTRUCTORS, INC. Attorneys for PLAINTIFF {01051125.DOC;1} Proof of Service