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  • Shadi Kashefizadeh, et al  vs.  David Frakes, et al(06) Unlimited Breach of Contract/Warranty document preview
  • Shadi Kashefizadeh, et al  vs.  David Frakes, et al(06) Unlimited Breach of Contract/Warranty document preview
  • Shadi Kashefizadeh, et al  vs.  David Frakes, et al(06) Unlimited Breach of Contract/Warranty document preview
  • Shadi Kashefizadeh, et al  vs.  David Frakes, et al(06) Unlimited Breach of Contract/Warranty document preview
  • Shadi Kashefizadeh, et al  vs.  David Frakes, et al(06) Unlimited Breach of Contract/Warranty document preview
  • Shadi Kashefizadeh, et al  vs.  David Frakes, et al(06) Unlimited Breach of Contract/Warranty document preview
  • Shadi Kashefizadeh, et al  vs.  David Frakes, et al(06) Unlimited Breach of Contract/Warranty document preview
  • Shadi Kashefizadeh, et al  vs.  David Frakes, et al(06) Unlimited Breach of Contract/Warranty document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Joseph J. De Hope, Jr. (SBN 79271); ROBERT J. ROMERO (SBN 136539) HINSHAW & CULBERTSON LLP One California Street, 18th Floor San Francisco, CA 94111 TELEPHONE NO.:415/362-6000 FAX NO. (Optional): 415/834-9070 jdehope@hinshawlaw.com; rromero@hinshawlaw.com E-MAIL ADDRESS: Alex Seroff; Silicon Valley Real Estate Corporation ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS:400 County Center MAILING ADDRESS: Redwood City 94063 CITY AND ZIP CODE: BRANCH NAME:SOUTHERN PLAINTIFF/PETITIONER: KASHEFIZADEH, et al. DEFENDANT/RESPONDENT: DAVID FRAKES, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE 21-CIV-02266 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 12, 2022 Time: 9:00 am Dept.: 34 Div.: CIV COMM Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Joseph J. De Hope, Jr. 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): Alex Seroff; Silicon Valley Real Estate Corporation b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. The cross-complaint, if any, was filed on (date): June 16, 2021. 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Complaint for Rescission; Negligence; Negligence; Negligence; Intentional Misrepresentation; Negligent Misrepresentation; Violation of Civil Code Section 1102 et seq.; Breach of Contract Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: KASHEFIZADEH, et al. CASE NUMBER: DEFENDANT/RESPONDENT: DAVID FRAKES, et al. 21-CIV-02266 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.) Defendants provided documentation relating to the age of the remodeled building and the scope of the remodeling. Plaintiffs contend the construction of the remodel was deficient. (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for(date): b. (if 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 not, explain): Discovery was stalled due to the suspension of Duro Concrete and not all parties had appeared. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): ten (10) days b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 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 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): Rule 3.811(b)(8) CM-110 [Rev. September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: KASHEFIZADEH, et al. CASE NUMBER: DEFENDANT/RESPONDENT: DAVID FRAKES, et al. 21-CIV-02266 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply):stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): 2/14/2023 (3rd session) (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by(date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for(date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: KASHEFIZADEH, et al. CASE NUMBER: DEFENDANT/RESPONDENT: DAVID FRAKES, et al. 21-CIV-02266 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Arch 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. There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be filed by (name party): 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions (specify moving party, type of motion, and issues): The party or parties expect to file the following motions before trial 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 Alex Seroff; Silicon Valley Real Estate Corp Written Discovery 2/23 Alex Seroff; Silicon Valley Real Estate Corp Depositions 5/23 Alex Seroff; Silicon Valley Real Estate Corp Expert Depositions Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: KASHEFIZADEH, et al. CASE NUMBER: DEFENDANT/RESPONDENT: DAVID FRAKES, et al. 21-CIV-02266 17. Economic litigation a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The parties have held two mediations and an additional mediation session has been set. Deposition discovery was withheld as the parties attempt to resolve the dispute - deposition discovery is underway. 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): 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: November 23, 2022 JOSEPH J. De HOPE, JR. (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] Page 5 of 5 CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE 2 Kashefizadeh and Shirvani v. Frakes, Hills Construction, Inc., Duro Concrete, Inc., Seroff, Silicon Valley Real Estate Corp., et al. 3 San Mateo Superior Court Cast No. 21-CIV-02266 4 STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO: 5 I am a citizen of the United States and employed in San Francisco, California, at the office of a member of the bar of this Court at whose direction this service was made. I am over the age of 18 6 and not a party to the within actions; my business address is 50 California Street, Suite 2900, San Francisco, California 94111. 7 On the date set forth below, I served the document(s) entitled: 8 CASE MANAGEMENT CONFERENCE STATEMENT 9 OF SEROFF AND SILICON VALLEY REAL ESTATE CORP. 10 FOR THE DECEMBER 12, 2022 CASE MANAGEMENT CONFERENCE 11 on the interested parties in this action by placing true copies thereof enclosed in a sealed envelope(s) addressed as stated below: 12 SEE ATTACHED SERVICE LIST: 13 (BY E-MAIL OR ELECTRONIC TRANSMISSION): Based on a court order or an 14 agreement of the parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent to the person[s] at the e-mail address[es] set forth herein. I did not receive, 15 within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. See Cal.R.Ct.R. 2060. 16 I declare under penalty of perjury under the laws of the State of California that the foregoing 17 is true and correct. Executed on November 23, 2022, at San Francisco, California. 18 19 20 21 22 23 24 25 26 27 28 1 SEROFF, SILICON VALLEY CMCS FOR DEC 12-POS San Mateo Superior Court Case No. 21-CIV-02266 1047854\312083442.v1 SERVICE LIST KASHEFIZADEH and SHIRVANI v. FRAKES, HILLS CONSTRUCTION, INC., DURO 1 CONCRETE, INC., SEROFF, SILICON VALLEY REAL ESTATE CORP., et al. San Mateo Superior Court Cast No. 21-CIV-02266 2 Attorneys for Plaintiffs Attorneys for Defendants/Cross-Defendants 3 E. David Marks, Esq. DAVID FRAKES and BRITTANY FRAKES Kathryn C. Curry, Esq. 4 CGA LAW PARTNERS LLP Craig S. Miller, Esq. 2570 W. El Camino Real, Suite 400 John L. Fitzgerald, Esq. 5 Mountain View, CA 94040 Maurice J. Fitzgerald, Esq. [Of Counsel] LAW OFFICES OF CRAIG S. MILLER, P.C. 6 T: (650) 428-3900 665 Chestnut Street, Third Floor 7 F: (650) 428-3901 San Francisco, CA 94133-2364 dmarks@gcalaw.com; T: (415) 296-7070 / F: (415) 296-7060 8 kcurry@gcalaw.com; cmiller@craigsmillerlaw.com; ternst@gcalaw.com; jfitzgerald@craigsmillerlaw.com ; 9 gbell@craigsmillerlaw.com; gmendoza@craigsmillerlaw.com; 10 Ryan Harley, Esq. mfitzgerald@craigsmillerlaw.com; Collins + Collins LLP mconforto@craigsmillerlaw.com; 11 2175 N California Blvd., Ste 835 Walnut Creek, CA 94596-7360 12 T: (510) 844-5100 13 F: (510) 844-5101 rharley@ccmslaw.com; 14 15 Attorneys for Defendants Attorneys for Defendants / Cross-Defendant / NRT West, Inc. dba COLDWELL BANKER Cross-Complainant 16 REALTY HILLS CONSTRUCTION, INC. Robert S. Luther, Esq. Robert P. Hamilton, Esq. 17 Gardiner McKleroy, Esq. James L. McCormick, Esq. LAW DIVISION OF ANYWHERE ADVISORS GOODMAN NEUMAN & HAMILTON LLP 18 LLC WESTERN REGION One Post Street, Suite 2100 1855 Gateway Blvd, Suite 670 San Francisco, CA 94104 19 Concord, CA 94520 T: (415) 705-0400 20 F: (415) 705-0411 T: (925) 771-5245 rhamilton@gnhllp.com; 21 F: (925) 771-5332 jmccormick@gnhllp.com; bob.luther@westrsc.com; 22 gardiner.mckleroy@cbhome.com; Debbie.Roth@westrsc.com; 23 24 25 26 27 28 2 MASTER STAND-ALONE POS San Mateo Superior Court Case No. 21-CIV-02266 1047854\312083442.v1 SERVICE LIST KASHEFIZADEH and SHIRVANI v. FRAKES, HILLS CONSTRUCTION, INC., DURO 1 CONCRETE, INC., SEROFF, SILICON VALLEY REAL ESTATE CORP., et al. San Mateo Superior Court Cast No. 21-CIV-02266 2 Attorneys for Cross-Defendant Attorneys for Defendant/Cross-Complainant 3 J. VALENCIA PLASTERING, INC. HILLS CONSTRUCTION, INC. Joseph W. McCarthy, Esq. 4 Paul N. Jacobs, Esq. McCARTHY LAW CORP. JACOBS & DODDS 400 Reed Street 5 2151 Michelson Drive, Suite 168 Santa Clara, CA 95050 Irvine, CA 92612-7305 6 T: (408) 727-4111 T: (949) 645-7300 F: (408) 727-4343 7 F: (949) 645-7305 joe@mccarthylawcorp.com; paul@irvinebusinesslawyers.com; 8 Attorneys for Defendant Attorneys for Defendant 9 CR CUSTOM CARPENTRY, INC. GEMINI INSURANCE COMPANY on behalf of DURO CONCRETE, INC., a suspended California 10 James P. Souza, Esq. corporation (erroneously sued and served as E. Val Meneses Esq. DURO CONCRETE, INC. a California 11 KENNEDY & SOUZA corporation) 7964 Arjons Drive, Suite 1 12 Daniel A. Crespo, Esq. San Diego, California 92126 Theresa L. Mallen, Esq. 13 BREMER WHYTE BROWN & O’MEARA LLP T: (858) 267-4127 F: (858) 267-4128 21215 Burbank Boulevard, Suite 500 14 Woodland Hills, California 91367 jsouza@kennedysouza.com; 15 vmeneses@kennedysouza.com; T: (818) 712-9800 wwolfe@kennedysouza.com; ; F: (818) 712-9900 16 ckaprielian@kennedysouza.com; dcrespo@bremerwhyte.com; eservice@kennedysouza.com; tmallen@bremerwhyte.com; 17 aguzman@bremerwhyte.com; 18 Attorneys for Cross-Defendant Attorneys for Cross-Defendant 19 PONZINI INSULATION, INC. PABLO GUTIERREZ dba PG I HEATING & AIR CONDITIONING (ROE NO. 4) 20 Robert M. Gagliasso, Esq. Steven M. Wheeler, Esq. Jillisa L. O'Brien, Esq. 21 BUSTAMANTE & GAGLIASSO Brittaney N. Edwards, Esq. 1570 The Alameda, Suite 310 LAW OFFICE OF JILLISA L. O'BRIEN, P.C. 22 San Jose, CA 95126 2875 Michelle Suite 220 Irvine, CA 92606-1020 23 T: (408) 977-1911 F: (408) 977-0746 T: (949) 596-7110 24 rgagliasso@boglawyers.com; swheeler@boglawyers.com; F: (949) 861-9984 jschickman@boglawyers.com; jobrien@obrien-law-pc.com; 25 bedwards@obrien-law-pc.com; jcirone@boglawyers.com; pbadham@obrien-law-pc.com; 26 27 28 3 MASTER STAND-ALONE POS San Mateo Superior Court Case No. 21-CIV-02266 1047854\312083442.v1 SERVICE LIST KASHEFIZADEH and SHIRVANI v. FRAKES, HILLS CONSTRUCTION, INC., DURO 1 CONCRETE, INC., SEROFF, SILICON VALLEY REAL ESTATE CORP., et al. San Mateo Superior Court Cast No. 21-CIV-02266 2 Ryan P. Harley, Esq. Attorneys for Defendants 3 Truman Phan-Quan, Esq. PETER SUNG and SUNG ENGINEERING, COLLINS + COLLINS LLP INC. 4 2175 N California Boulevard, Suite 835 Walnut Creek, CA 94596 T: (510) 844-5100 5 F: (510) 844-5101 MAILING ADDRESS: rharley@ccllp.law; 6 790 E. Colorado Boulevard, Suite 600 kforst@ccllp.law; Pasadena, CA 91101 mschee@ccllp.law; 7 Colette R. Magnetta, Esq. Attorneys for Defendant 8 Andrew J. Taylor, Esq. JOHN STEGEMILLER dba CALIFORNIA ACKER & WHIPPLE, P.C. FLOORING COMPANY 9 811 Wilshire Boulevard, Suite 700 Los Angeles, California 90017 T: (213) 347-0240 10 F: (213) 623-1957 ColetteMagnetta@AckerandWhipple.com; 11 AndrewTaylor@AckerandWhipple.com; eservice@AckerandWhipple.com; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 MASTER STAND-ALONE POS San Mateo Superior Court Case No. 21-CIV-02266 1047854\312083442.v1