Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
James L. McCormick (SBN: 172647)
GOODMAN NEUMAN HAMILTON LLP
One Post Street, Suite 2100
San Francisco, CA 94104
TELEPHONE NO.:415-705-0400 415-705-0411
FAX NO. (Optional):
jmcccormick@gnhllp.com
E-MAIL ADDRESS (Optional):
Hills Construction, Inc.
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS:400 County Center
Same as above
MAILING ADDRESS:
Redwood City, 94063
CITY AND ZIP CODE:
BRANCH NAME:Southern Branch Hall of Justice
PLAINTIFF/PETITIONER: Shadi 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 a.m. Dept.: 34 Div.: Room:
Address of court (if different from the address above):
800 North Humboldt St., San Mateo, CA 94401
Notice of Intent to Appear by Telephone, by (name): James L. McCormick
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): Hills Construction, Inc.
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 25, 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):
see attachment 3.b
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: rescission; negligence; misrepresentation; breach of contract
Cross-Complaint: breach of contract; indemnity; contribution
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. July 1, 2011] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Shadi 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.)
Frakes hired Hills to remodel their home in Redwood City, and sold the house to Plaintiffs a year after the project was
completed. Plaintiffs allege that the home was represented to be new, when it was not, and that they discovered numerous
construction defects after purchasing the home. The nature and extent of the defects and damages is under investigation.
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
a. 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):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Trial: 12/1/23 (2 weeks); 1/9/23; 1/30/23 (2 weeks); 2/14/23 (3 weeks); 3/6/23 (2 weeks); 4/24/23 (4 weeks) 5/1/23 (2 weeks);
6/5/23 (2 weeks); 7/10/23 (2 weeks); and 8/7/23 (2 weeks).
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 20-30
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 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):
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Shadi 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): Feb 14, 2023
(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. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Shadi 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): Kinsale Insurance Company
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
Hills Construction, Inc. Written Discovery per Code
Hills Construction, Inc. Depositions of percipient witnesses per Code
Hills Construction, Inc. Expert discovery per Code
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
CM-110
PLAINTIFF/PETITIONER: Shadi 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):
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): 1
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 29, 2022
James L. McCormick
(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. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
Attachment 3.b
The following parties named in the Cross-Complaint:
• Have had a default entered against them
o ATHK Construction, Inc.
▪ Filed on 9/12/22
o Metasequoia, Inc., dba Landsystems Landscapes
▪ Filed on 8/23/22
1 PROOF OF SERVICE
2 CASE NAME: Shadi Kashefizadeh, et al. v. David Frakes, et al.
CASE NUMBER: 21-CIV-02266
3 DATE OF SERVICE: November 29, 2022
4 DESCRIPTION OF DOCUMENTS SERVED:
5 CASE MANAGEMENT STATEMENT
6 SERVED ON THE FOLLOWING:
7 E. David Marks Robert S. Luther
Kathryn C. Curry Law Division of Realogy Brokerage Group
8 GCA Law Partners LLP LLC – Western Region
2570 W. El Camino Real, Ste. 400 1855 Gateway Blvd., Ste. 670
9 Mountain View, CA 94040 Concord, CA 94520
T: (650) 428-3900 / F: (650) 428-3901 T: (925) 771-5245 / F: (925) 771-5332
10 Bob.luther@westrsc.com
dmarks@gcalaw.com
kcurry@gcalaw.com Debbie.Roth@westrsc.com (Asst.)
11
ternst@gcalaw.com (Paralegal)
Attorneys for Plaintiffs Shadi Gardiner McKleroy
12 Gardiner.mckleroy@cbhome.com
Kashefizadeh and Philip Shirvani
13 Attorneys for Defendant/Cross-
Complainant NRT West, Inc. dba
14 Coldwell Banker Realty
15 Joseph W. McCarthy
Joseph J. De Hope, Jr
16 Kendal C. Mitchell McCarthy Law Corp.
Robert Cutbirth 400 Reed St.
17 Santa Clara, CA 95050
Freeman Mathis & Gary LLP T: (408) 727-4111 / F: (408) 727-4343
44 Montgomery St., Ste. 3580 joe@mccarthylawcorp.com
18
San Francisco, CA 94104 Attorneys for Defendant/Cross-
19 T: (415) 627-9000 Defendant/Cross-Complainant Hills
jdehope@fmglaw.com Construction, Inc.
20 kmitchell@fmglaw.com
rcutbirth@fmglaw.com
21
tcarrillo@fmglaw.com (Asst.)
22
Joseph J. De Hope, Jr.
23 Hinshaw & Culbertson LLP
50 California St., Ste. 2900
24
San Francisco, CA 94111
25 T: (415) 362-6000 / F: (415) 834-9070
Goodman
jdehope@hinshawlaw.com
Neuman 26 ckingsley@hinshawlaw.com (Asst.)
Hamilton LLP
One Post Street Attorneys for Defendants/Cross-
Suite 210027
San Francisco, CA
94104
Defendants/Cross-Complainants Alex
Tel.: (415) 705-0400
28
PROOF OF SERVICE
1 Seroff and Silicon Valley Real Estate
Corporation dba Keller Williams Palo
2
Alto
3
Craig S. Miller Theresa L. Mallen
4 John L. Fitzgerald Daniel A. Crespo
The Law Offices of Craig S. Miller Bremer Whyte Brown & O’Meara LLP
5 21215 Burbank Blvd., Ste. 500
665 Chestnut St., 3rd Floor Woodland Hills, CA 91367
6 San Francisco, CA 94133 T: (818) 712-9800 / F: (818) 712-9900
T: (415) 296-7070 / F: (415) 296-70560 tmallen@bremerwhyte.com
7 cmiller@craigsmillerlaw.com dcrespo@bremerwhyte.com
jfitzgerald@craigsmillerlaw.com aguzman@bremerwhyte.com (Asst.)
8 Attorneys for Intervenor Gemini
mconforto@craigsmillerlaw.com
Insurance Company on behalf of Duro
9 Concrete, Inc.
Grace Bell (Assistant)
10 gbell@craigsmillerlaw.com
11
German Mendoza (Assistant)
12 gmendoza@craigsmillerlaw.com
13 Maurice Fitzgerald
mfitzgerald@craigsmillerlaw.com
14
15 Attorneys for Defendants/Cross-
Defendants David Frakes and Brittany
16 Frakes
17 James P. Souza Robert Bustamante
Marcia E. Cook Jack D. Lynch
18 Robert M. Gagliasso
Val Meneses
Steven M. Wheeler
19 Kennedy & Souza Timothy N. Sweeney
7964 Arjons Dr., Ste. 1 Bustamante & Gagliasso
20 San Diego, CA 92126 1570 The Alameda, Ste. 310
21 T: (858) 267-4127 / F: (858) 267-4128 San Jose, CA 95126
jsouza@kennedysouza.com T: (408) 977-1911 / F: (408) 977-0746
22 vmeneses@kennedysouza.com rgagliasso@boglawyers.com
mcook@kennedysouza.com swheeler@boglawyers.com
23 jcirone@boglawyers.com
eservice@kennedysouza.com tsweeney@boglawyers.com
24 rbustamante@boglawyers.com
Annie Ly (Assistant) jlynch@boglawyers.com
25 aly@kennedysouza.com
Goodman
Joe Schickman (Secretary)
Neuman 26 Cynthia Kaprielian (Assistant) jschickman@boglawyers.com
Hamilton LLP
Attorneys for Cross-Defendant Ponzini
One Post Street
Suite 210027 ckaprielian@kennedysouza.com Insulation, Inc.
San Francisco, CA
94104
Tel.: (415) 705-0400
28
PROOF OF SERVICE
1 wwolfe@kennedysouza.com (Paralegal)
tlyons@kennedysouza.com (Asst.)
2
ngiron@kennedysouza.com (Asst.)
3 Attorneys for Cross-Defendant CR
Custom Carpentry, Inc.
4
Jillisa O’Brien Paul N. Jacobs
5 Jacobs & Dodds
Brittaney N. Edwards
Law Office of Jillisa O’Brien, PC 2151 Michelson Dr., Ste. 168
6 Irvine, CA 92612
5 Corporate Park, Ste. 260 T: (949) 645-7300 / F: (949) 645-7305
7 Irvine, CA 92606 paul@irvinebusinesslawyers.com
T: (949) 596-7103 Attorneys for Cross-Defendant J.
8
jobrien@obrien-law-pc.com Valencia Plastering, Inc.
9 bedwards@obrien-law-pc.com
10 Peyton Badham (Assistant)
pbadham@obrien-law-pc.com
11
12 Susan Ander (Assistant)
sander@obrien-law-pc.com
13 Attorneys for Cross-Defendant PGI
Heating & Air Conditioning, Inc.
14
15 Ryan P. Harley Andrew J. Taylor
Michele Schee Colette Magnetta
16 Jessica M. Echeverry Acker & Whipple
811 Wilshire Blvd., Suite 700
Collins & Collins LLP Los Angeles, CA 90017
17 2175 N. California Blvd., Ste. 835 T: (213) 347-0240, ext. 159
18 Walnut Creek, CA 94596 F: (213) 623-1957
T: (510) 844-5100 / F: (510) 844-5101 AndrewTaylor@AckerandWhipple.com
19 rharley@ccllp.law ColetteMagnetta@AckerandWhipple.com
mschee@ccllp.law eservice@AckerandWhipple.com
20 jecheverry@ccllp.law Attorneys for John Stegemiller dba
California Flooring Company
21
Kelly Forst (Assistant)
22 kforst@ccllp.law
legalservices@ccllp.law
23
24 Attorneys for Defendants Peter Sung and
Sung Engineering, Inc.
25
Goodman Depository
Neuman 26 Centext Legal Services
Hamilton LLP
One Post Street One Sansome St., Suite 3500
Suite 210027
San Francisco, CA San Francisco, CA 94104
94104
Tel.: (415) 705-0400
28
PROOF OF SERVICE
1 (415) 735-303
depository@centextlegal.com
2 ☐Served if checked
3 I am over the age of 18 years and not a party to or interested in the above-named
case. I am an employee of Goodman Neuman Hamilton LLP, and my business address is
4 One Post Street, Suite 2100, San Francisco, CA 94104. On the date stated above, I served
a true copy of the document(s) described above:
5
BY ELECTRONIC TRANSMISSION ONLY: Pursuant to Code of Civil
6 Procedure section 1010.6(e)(1), I caused a copy of the above document(s) to be sent to the
person(s) at the e-mail address(es) listed above by electronic transmission. I did not
7 receive, within a reasonable time after the transmission, any electronic message or other
indication that the transmission was unsuccessful.
8
I declare under penalty of perjury under the laws of the State of California that the
9 foregoing is true and correct and that this declaration was executed on the date stated
above.
10
11
Marisol Rosario
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Goodman
Neuman 26
Hamilton LLP
One Post Street
Suite 210027
San Francisco, CA
94104
Tel.: (415) 705-0400
28
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY James L. McCormick (SBN: 172647) GOODMAN NEUMAN HAMILTON LLP One Post Street, Suite 2100 San Francisco, CA 94104 TELEPHONE NO.:415-705-0400 415-705-0411 FAX NO. (Optional): jmcccormick@gnhllp.com E-MAIL ADDRESS (Optional): Hills Construction, Inc. ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS:400 County Center Same as above MAILING ADDRESS: Redwood City, 94063 CITY AND ZIP CODE: BRANCH NAME:Southern Branch Hall of Justice PLAINTIFF/PETITIONER: Shadi 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 a.m. Dept.: 34 Div.: Room: Address of court (if different from the address above): 800 North Humboldt St., San Mateo, CA 94401 Notice of Intent to Appear by Telephone, by (name): James L. McCormick 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): Hills Construction, Inc. 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 25, 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): see attachment 3.b 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: rescission; negligence; misrepresentation; breach of contract Cross-Complaint: breach of contract; indemnity; contribution 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. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Shadi 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.) Frakes hired Hills to remodel their home in Redwood City, and sold the house to Plaintiffs a year after the project was completed. Plaintiffs allege that the home was represented to be new, when it was not, and that they discovered numerous construction defects after purchasing the home. The nature and extent of the defects and damages is under investigation. (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. 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): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Trial: 12/1/23 (2 weeks); 1/9/23; 1/30/23 (2 weeks); 2/14/23 (3 weeks); 3/6/23 (2 weeks); 4/24/23 (4 weeks) 5/1/23 (2 weeks); 6/5/23 (2 weeks); 7/10/23 (2 weeks); and 8/7/23 (2 weeks). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 20-30 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 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): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Shadi 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): Feb 14, 2023 (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. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Shadi 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): Kinsale Insurance Company 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 Hills Construction, Inc. Written Discovery per Code Hills Construction, Inc. Depositions of percipient witnesses per Code Hills Construction, Inc. Expert discovery per Code 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 CM-110 PLAINTIFF/PETITIONER: Shadi 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): 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): 1 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 29, 2022 James L. McCormick (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. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT Attachment 3.b The following parties named in the Cross-Complaint: • Have had a default entered against them o ATHK Construction, Inc. ▪ Filed on 9/12/22 o Metasequoia, Inc., dba Landsystems Landscapes ▪ Filed on 8/23/22 1 PROOF OF SERVICE 2 CASE NAME: Shadi Kashefizadeh, et al. v. David Frakes, et al. CASE NUMBER: 21-CIV-02266 3 DATE OF SERVICE: November 29, 2022 4 DESCRIPTION OF DOCUMENTS SERVED: 5 CASE MANAGEMENT STATEMENT 6 SERVED ON THE FOLLOWING: 7 E. David Marks Robert S. Luther Kathryn C. Curry Law Division of Realogy Brokerage Group 8 GCA Law Partners LLP LLC – Western Region 2570 W. El Camino Real, Ste. 400 1855 Gateway Blvd., Ste. 670 9 Mountain View, CA 94040 Concord, CA 94520 T: (650) 428-3900 / F: (650) 428-3901 T: (925) 771-5245 / F: (925) 771-5332 10 Bob.luther@westrsc.com dmarks@gcalaw.com kcurry@gcalaw.com Debbie.Roth@westrsc.com (Asst.) 11 ternst@gcalaw.com (Paralegal) Attorneys for Plaintiffs Shadi Gardiner McKleroy 12 Gardiner.mckleroy@cbhome.com Kashefizadeh and Philip Shirvani 13 Attorneys for Defendant/Cross- Complainant NRT West, Inc. dba 14 Coldwell Banker Realty 15 Joseph W. McCarthy Joseph J. De Hope, Jr 16 Kendal C. Mitchell McCarthy Law Corp. Robert Cutbirth 400 Reed St. 17 Santa Clara, CA 95050 Freeman Mathis & Gary LLP T: (408) 727-4111 / F: (408) 727-4343 44 Montgomery St., Ste. 3580 joe@mccarthylawcorp.com 18 San Francisco, CA 94104 Attorneys for Defendant/Cross- 19 T: (415) 627-9000 Defendant/Cross-Complainant Hills jdehope@fmglaw.com Construction, Inc. 20 kmitchell@fmglaw.com rcutbirth@fmglaw.com 21 tcarrillo@fmglaw.com (Asst.) 22 Joseph J. De Hope, Jr. 23 Hinshaw & Culbertson LLP 50 California St., Ste. 2900 24 San Francisco, CA 94111 25 T: (415) 362-6000 / F: (415) 834-9070 Goodman jdehope@hinshawlaw.com Neuman 26 ckingsley@hinshawlaw.com (Asst.) Hamilton LLP One Post Street Attorneys for Defendants/Cross- Suite 210027 San Francisco, CA 94104 Defendants/Cross-Complainants Alex Tel.: (415) 705-0400 28 PROOF OF SERVICE 1 Seroff and Silicon Valley Real Estate Corporation dba Keller Williams Palo 2 Alto 3 Craig S. Miller Theresa L. Mallen 4 John L. Fitzgerald Daniel A. Crespo The Law Offices of Craig S. Miller Bremer Whyte Brown & O’Meara LLP 5 21215 Burbank Blvd., Ste. 500 665 Chestnut St., 3rd Floor Woodland Hills, CA 91367 6 San Francisco, CA 94133 T: (818) 712-9800 / F: (818) 712-9900 T: (415) 296-7070 / F: (415) 296-70560 tmallen@bremerwhyte.com 7 cmiller@craigsmillerlaw.com dcrespo@bremerwhyte.com jfitzgerald@craigsmillerlaw.com aguzman@bremerwhyte.com (Asst.) 8 Attorneys for Intervenor Gemini mconforto@craigsmillerlaw.com Insurance Company on behalf of Duro 9 Concrete, Inc. Grace Bell (Assistant) 10 gbell@craigsmillerlaw.com 11 German Mendoza (Assistant) 12 gmendoza@craigsmillerlaw.com 13 Maurice Fitzgerald mfitzgerald@craigsmillerlaw.com 14 15 Attorneys for Defendants/Cross- Defendants David Frakes and Brittany 16 Frakes 17 James P. Souza Robert Bustamante Marcia E. Cook Jack D. Lynch 18 Robert M. Gagliasso Val Meneses Steven M. Wheeler 19 Kennedy & Souza Timothy N. Sweeney 7964 Arjons Dr., Ste. 1 Bustamante & Gagliasso 20 San Diego, CA 92126 1570 The Alameda, Ste. 310 21 T: (858) 267-4127 / F: (858) 267-4128 San Jose, CA 95126 jsouza@kennedysouza.com T: (408) 977-1911 / F: (408) 977-0746 22 vmeneses@kennedysouza.com rgagliasso@boglawyers.com mcook@kennedysouza.com swheeler@boglawyers.com 23 jcirone@boglawyers.com eservice@kennedysouza.com tsweeney@boglawyers.com 24 rbustamante@boglawyers.com Annie Ly (Assistant) jlynch@boglawyers.com 25 aly@kennedysouza.com Goodman Joe Schickman (Secretary) Neuman 26 Cynthia Kaprielian (Assistant) jschickman@boglawyers.com Hamilton LLP Attorneys for Cross-Defendant Ponzini One Post Street Suite 210027 ckaprielian@kennedysouza.com Insulation, Inc. San Francisco, CA 94104 Tel.: (415) 705-0400 28 PROOF OF SERVICE 1 wwolfe@kennedysouza.com (Paralegal) tlyons@kennedysouza.com (Asst.) 2 ngiron@kennedysouza.com (Asst.) 3 Attorneys for Cross-Defendant CR Custom Carpentry, Inc. 4 Jillisa O’Brien Paul N. Jacobs 5 Jacobs & Dodds Brittaney N. Edwards Law Office of Jillisa O’Brien, PC 2151 Michelson Dr., Ste. 168 6 Irvine, CA 92612 5 Corporate Park, Ste. 260 T: (949) 645-7300 / F: (949) 645-7305 7 Irvine, CA 92606 paul@irvinebusinesslawyers.com T: (949) 596-7103 Attorneys for Cross-Defendant J. 8 jobrien@obrien-law-pc.com Valencia Plastering, Inc. 9 bedwards@obrien-law-pc.com 10 Peyton Badham (Assistant) pbadham@obrien-law-pc.com 11 12 Susan Ander (Assistant) sander@obrien-law-pc.com 13 Attorneys for Cross-Defendant PGI Heating & Air Conditioning, Inc. 14 15 Ryan P. Harley Andrew J. Taylor Michele Schee Colette Magnetta 16 Jessica M. Echeverry Acker & Whipple 811 Wilshire Blvd., Suite 700 Collins & Collins LLP Los Angeles, CA 90017 17 2175 N. California Blvd., Ste. 835 T: (213) 347-0240, ext. 159 18 Walnut Creek, CA 94596 F: (213) 623-1957 T: (510) 844-5100 / F: (510) 844-5101 AndrewTaylor@AckerandWhipple.com 19 rharley@ccllp.law ColetteMagnetta@AckerandWhipple.com mschee@ccllp.law eservice@AckerandWhipple.com 20 jecheverry@ccllp.law Attorneys for John Stegemiller dba California Flooring Company 21 Kelly Forst (Assistant) 22 kforst@ccllp.law legalservices@ccllp.law 23 24 Attorneys for Defendants Peter Sung and Sung Engineering, Inc. 25 Goodman Depository Neuman 26 Centext Legal Services Hamilton LLP One Post Street One Sansome St., Suite 3500 Suite 210027 San Francisco, CA San Francisco, CA 94104 94104 Tel.: (415) 705-0400 28 PROOF OF SERVICE 1 (415) 735-303 depository@centextlegal.com 2 ☐Served if checked 3 I am over the age of 18 years and not a party to or interested in the above-named case. I am an employee of Goodman Neuman Hamilton LLP, and my business address is 4 One Post Street, Suite 2100, San Francisco, CA 94104. On the date stated above, I served a true copy of the document(s) described above: 5 BY ELECTRONIC TRANSMISSION ONLY: Pursuant to Code of Civil 6 Procedure section 1010.6(e)(1), I caused a copy of the above document(s) to be sent to the person(s) at the e-mail address(es) listed above by electronic transmission. I did not 7 receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 8 I declare under penalty of perjury under the laws of the State of California that the 9 foregoing is true and correct and that this declaration was executed on the date stated above. 10 11 Marisol Rosario 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Goodman Neuman 26 Hamilton LLP One Post Street Suite 210027 San Francisco, CA 94104 Tel.: (415) 705-0400 28 PROOF OF SERVICE