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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Janette G. Leonidou (SBN 155257)
Leonidou & Rosin Professional Corporation
777 Cuesta Dr, Ste 200
Mountain View, CA 94040
TELEPHONE NO.: (650) 691-2888 FAX NO. (Optional):
E-MAIL ADDRESS (Optional): rliu@alr-law.com
ATTORNEY FOR (Name): Defendants
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
STREET ADDRESS: 312-C East Cook St 115 Civic Center
MAILING ADDRESS:
Santa
CITY AND ZIP CODE: Maria, CA 93454
BRANCH NAME:Civil
PLAINTIFF/PETITIONER: Boneso Brothers Construction, Inc.
DEFENDANT/RESPONDENT: S.J. Amoroso Construction Co. LLC, et
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): x UNLIMITED CASE LIMITED CASE 21CV04742
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: November 16, 2022 Time: 8:30 a.m. Dept.:4 Div.: Room:
Address of court (if different from the address above):
x Notice of Intent to Appear by Telephone, by (name): Roger F. Liu (via Zoom)
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):
b. x This statement is submitted jointly by parties (names):S.J. Amoroso Construction Co., LLC,
Federal Insurance Company and Liberty Mutual Insurance Company
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 x complaint cross-complaint (Describe, including causes of action):
Breach of contract; open book account; quantum meruit; penalty and
attorney's fees per B&P Code section 7108; claim on payment bond and
penalty and fees pursuant to Pub. Contr. Code section 7107
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720–3.730
CM-110 [Rev. July 1, 2011]
www.ceb.com www.courts.ca.gov
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Boneso Brothers Construction, Inc.
21CV04742
DEFENDANT/RESPONDENT: S.J. Amoroso Construction Co. LLC, et
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 is a subcontractor to S.J. Amoroso on the Northern Branch Jail in
Santa Maria owned by the County. Plaintiff alleges claims for payment for
purported extra work, delays and inefficiencies and includes an action to
enforce the payment bonds. Amoroso has sued the County on these claims.
(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 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. 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):
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): 15-20 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:
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 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 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
www.ceb.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Boneso Brothers Construction, Inc.
DEFENDANT/RESPONDENT: S.J. Amoroso Construction Co. LLC, et 21CV04742
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
x 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):
x ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify): x
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
www.ceb.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Boneso Brothers Construction, Inc.
21CV04742
DEFENDANT/RESPONDENT: S.J. Amoroso Construction Co. LLC, et
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes 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. x There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
x Additional cases are described in Attachment 13a.
b. x A motion to x consolidate x coordinate wiII be filed by (name party):
Defendants
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
x The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Discovery and dispositive motions as necessary
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
Defendants Written Discovery Per CCP
Defendants Fact Depositions Per CCP
Defendants Expert Discovery Per CCP
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
www.ceb.com
1
Attachment 13a
Cornerstone Detention Products, Inc. v. S.A Amoroso Construction Co., LLC, Federal Insurance
Company and Liberty Mutual Insuronce Company
Santa Barbara County Superior Court Case No. 22CV01946
Pending (action filed on May 23, 2022)
2. Thoma Electric, Inc. v. S.J. Amoroso Construction Co., LLC, Federal Insurance Company and
Liberty Mutuol Insurance Company
Santa Barbara County Superior Court Case No. 22CV01852
Pending (action filed on May 13, 2022)
3. Sch Amoroso Construction Co., LLC v. County of Sonta Barbara
Orange County Superior Court Case No. 2022-01274057-CU-BC-CIC
Pending (action filed on August S, 2022)
1 PROOF OF SERVICE
2
I am a resident of the State of California, over the age of eighteen years, and not a
3
party to the within action. My business address is Leonidou & Rosin, 777 Cuesta Drive, Suite
4 200, Mountain View, CA 94040. On November 1, 2022, I served the within documents:
5 CASE MANAGEMENT STATEMENT
6
7 X by electronically serving the above-referenced document(s) through One Legal,
LLC and/or File and ServeXpress, an e-filing provider for Santa Barbara County
8 Superior Court. E-service in this action was completed on all parties listed on the
service list with the Court. This service complies with the Court’s order in this
9 case.
10
George F. Vogt, Jr., Esq.
11 Herrig & Vogt
4210 Douglas Boulevard, Suite 100
12 Granite Bay, CA 95746
Tel: 916-960-1000
13 Fax: 916-960-1005
Email: g.vogt@herrigvogt.com
14
• Attorneys for Boneso Brothers Construction, Inc.
15
16 I am readily familiar with the firm’s practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. postal
17
service on that same day with postage thereon fully prepaid in the ordinary course of business.
18
I declare that I am employed in the office of a member of the bar of this court at
19 whose direction the service was made.
20 I declare under penalty of perjury under the laws of the State of California that the
21 above is true and correct.
22 Executed on November 1, 2022, at Mountain View, California.
23
24
_______________________
25 Kamryn Cosmero
26
27
28
00260700.DOCX 1
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Janette G. Leonidou (SBN 155257) Leonidou & Rosin Professional Corporation 777 Cuesta Dr, Ste 200 Mountain View, CA 94040 TELEPHONE NO.: (650) 691-2888 FAX NO. (Optional): E-MAIL ADDRESS (Optional): rliu@alr-law.com ATTORNEY FOR (Name): Defendants SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: 312-C East Cook St 115 Civic Center MAILING ADDRESS: Santa CITY AND ZIP CODE: Maria, CA 93454 BRANCH NAME:Civil PLAINTIFF/PETITIONER: Boneso Brothers Construction, Inc. DEFENDANT/RESPONDENT: S.J. Amoroso Construction Co. LLC, et CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): x UNLIMITED CASE LIMITED CASE 21CV04742 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 16, 2022 Time: 8:30 a.m. Dept.:4 Div.: Room: Address of court (if different from the address above): x Notice of Intent to Appear by Telephone, by (name): Roger F. Liu (via Zoom) 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): b. x This statement is submitted jointly by parties (names):S.J. Amoroso Construction Co., LLC, Federal Insurance Company and Liberty Mutual Insurance Company 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 x complaint cross-complaint (Describe, including causes of action): Breach of contract; open book account; quantum meruit; penalty and attorney's fees per B&P Code section 7108; claim on payment bond and penalty and fees pursuant to Pub. Contr. Code section 7107 Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.ceb.com www.courts.ca.gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Boneso Brothers Construction, Inc. 21CV04742 DEFENDANT/RESPONDENT: S.J. Amoroso Construction Co. LLC, et 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 is a subcontractor to S.J. Amoroso on the Northern Branch Jail in Santa Maria owned by the County. Plaintiff alleges claims for payment for purported extra work, delays and inefficiencies and includes an action to enforce the payment bonds. Amoroso has sued the County on these claims. (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 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. 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): 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): 15-20 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: 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 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 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 www.ceb.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Boneso Brothers Construction, Inc. DEFENDANT/RESPONDENT: S.J. Amoroso Construction Co. LLC, et 21CV04742 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 x 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): x ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): x Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT www.ceb.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Boneso Brothers Construction, Inc. 21CV04742 DEFENDANT/RESPONDENT: S.J. Amoroso Construction Co. LLC, et 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes 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. x There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: x Additional cases are described in Attachment 13a. b. x A motion to x consolidate x coordinate wiII be filed by (name party): Defendants 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 x The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Discovery and dispositive motions as necessary 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 Defendants Written Discovery Per CCP Defendants Fact Depositions Per CCP Defendants Expert Discovery Per CCP 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 www.ceb.com 1 Attachment 13a Cornerstone Detention Products, Inc. v. S.A Amoroso Construction Co., LLC, Federal Insurance Company and Liberty Mutual Insuronce Company Santa Barbara County Superior Court Case No. 22CV01946 Pending (action filed on May 23, 2022) 2. Thoma Electric, Inc. v. S.J. Amoroso Construction Co., LLC, Federal Insurance Company and Liberty Mutuol Insurance Company Santa Barbara County Superior Court Case No. 22CV01852 Pending (action filed on May 13, 2022) 3. Sch Amoroso Construction Co., LLC v. County of Sonta Barbara Orange County Superior Court Case No. 2022-01274057-CU-BC-CIC Pending (action filed on August S, 2022) 1 PROOF OF SERVICE 2 I am a resident of the State of California, over the age of eighteen years, and not a 3 party to the within action. My business address is Leonidou & Rosin, 777 Cuesta Drive, Suite 4 200, Mountain View, CA 94040. On November 1, 2022, I served the within documents: 5 CASE MANAGEMENT STATEMENT 6 7 X by electronically serving the above-referenced document(s) through One Legal, LLC and/or File and ServeXpress, an e-filing provider for Santa Barbara County 8 Superior Court. E-service in this action was completed on all parties listed on the service list with the Court. This service complies with the Court’s order in this 9 case. 10 George F. Vogt, Jr., Esq. 11 Herrig & Vogt 4210 Douglas Boulevard, Suite 100 12 Granite Bay, CA 95746 Tel: 916-960-1000 13 Fax: 916-960-1005 Email: g.vogt@herrigvogt.com 14 • Attorneys for Boneso Brothers Construction, Inc. 15 16 I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal 17 service on that same day with postage thereon fully prepaid in the ordinary course of business. 18 I declare that I am employed in the office of a member of the bar of this court at 19 whose direction the service was made. 20 I declare under penalty of perjury under the laws of the State of California that the 21 above is true and correct. 22 Executed on November 1, 2022, at Mountain View, California. 23 24 _______________________ 25 Kamryn Cosmero 26 27 28 00260700.DOCX 1