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  • Boneso Brothers Construction Inc vs S J  Amoroso Construction Co Inc et alUnlimited Breach of Contract/Warranty (06) document preview
  • Boneso Brothers Construction Inc vs S J  Amoroso Construction Co Inc et alUnlimited Breach of Contract/Warranty (06) document preview
  • Boneso Brothers Construction Inc vs S J  Amoroso Construction Co Inc et alUnlimited Breach of Contract/Warranty (06) document preview
  • Boneso Brothers Construction Inc vs S J  Amoroso Construction Co Inc et alUnlimited Breach of Contract/Warranty (06) document preview
  • Boneso Brothers Construction Inc vs S J  Amoroso Construction Co Inc et alUnlimited Breach of Contract/Warranty (06) document preview
  • Boneso Brothers Construction Inc vs S J  Amoroso Construction Co Inc et alUnlimited Breach of Contract/Warranty (06) document preview
  • Boneso Brothers Construction Inc vs S J  Amoroso Construction Co Inc et alUnlimited Breach of Contract/Warranty (06) document preview
  • Boneso Brothers Construction Inc vs S J  Amoroso Construction Co Inc et alUnlimited Breach of Contract/Warranty (06) document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Stale Bar numoor, and address): FOR COURT USE ONLY George F. Vogt, Jr. (SBN 107310) Herrig, Vogt & Hensley, LLP 4210 Douglas Boulevard, Suite 100 Granite Bay, CA 95746 TELEPHONE NO.: (916) 960-1000 FAX NO (Op/ions/): (916) 960-1005 E-MAIL ADDRESS: g. vogt@hvh.law ATTORNEY FOR (Name): Boneso Brothers Construction, Inc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Barbara STREET ADDREss: 312 East Cook Street MAILING ADDRESS: c11Y AND zIP coDE: Santa Maria 93454 BRANCH NAME: Santa Maria Cook Division PLAINTIFF/PETITIONER: Boneso Brothers Construction, Inc. DEFENDANT/RESPONDENT: S.J. Amoroso Construction, Inc., et al CASE MANAGEMENT STATEMENT CASE NUMBER: 0 21CV04742 (Check one): G'.'.J UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 1, 2023 Time: 8:30 a.m. Dept.: 4 Div.: Room: Address of court (if different from the address above): G'.'.] Notice of Intent to Appear by Telephone, by (name):George F. Vogt, Jr. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. G'.'.] This statement is submitted by party (name):Boneso Brothers Construction, Inc. b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 12/03/2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. G'.'.J All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in G'.'.] complaint D cross-complaint (Describe, including causes of action): Boneso's complaint contains causes of action for: Breach of Contract; Open Book Account; Quantum Meruit; Claim on Payment Bond; Penalty and Attorney Fees Pursuant to Public Contract Code section 7101; Penalty and Attorney Fees Pursuant to Business and Professions Code section 7108.5. Page 1 of 5 Form Adopled lor Mandatory Use Cal Rules of Cou~ Judicial Council of Calitomia CASE MANAGEMENT STATEMENT rules 3 ,720~3 730 CM-110 IRev Sepleml:>er 1. 2021] CM-110 PLAINTIFF/PETITIONER: Boneso Brothers Construction, Inc. CASE NUMBER : DEFENDANT/RESPONDENT: S.J. Amoroso Construction, Inc., et al. 21CV04742 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.) Boneso entered into a subcontract with Amoroso to provide mechanical work on a project {described in complaint). Despite completion of all work and additional extra work, Amoroso has not paid Boneso their contract balances and for extra work, despite multiple requests. In addition Amoroso also owes Boneso for delay and inefficiency damages. D (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request ~ a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. ~ 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) : See Attachment 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~ days (specify number): 10-14 b. D 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 D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented : D Additional representation is described in Attachment 8. 9. Preference D This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 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 0 has D 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 D has D has not reviewed the ADR information package identified in rule 3.221 . b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) I I 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 el seq. (specify exemption). CM-110 [Rev September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Boneso Brothers Construction, Inc. CASE NUMBER: DEFENDANT/RESPONDENT: S.J. Amoroso Construction, Inc., et al. 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): ~ Mediation session not yet scheduled D Mediation session scheduled for (date) : (1) Mediation 0 D Agreed to complete mediation by (date): D Mediation completed on (date): 0 Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for(date): conference 0 D Agreed to complete settlement conference by(date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): (3) Neutral evaluation D D Agreed to complete neutral evaluation by (date) : D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D C l Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): ~ Private arbitration not yet scheduled (5) Binding private 0 D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date) : D Private arbitration completed on (date): [-=::J ADR session not yet scheduled - I ADR session scheduled for (date): (6) Other (specify): I D Agreed to complete ADR session by (date) : D ADR completed on (date): CM-110 [Rev September 1. 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Boneso Brothers Construction, Inc. CASE NUMBER: DEFENDANT/RESPONDENT: S.J. Amoroso Construction, Inc., et al. 21CV04742 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party) : 14. Bifurcation D 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 ~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues) : Plaintiff reserves its right to file motions before trial. 16. Discovery a. D The party or parties have completed all discovery. b. 0 The following discovery will be completed by the date specified (describe all anticipated discovery): Party PescdJ;!lion Date Plaintiff Written Discovery Per Code Plaintiff Depositions Per Code Plaintiff Expert Discovery Per Code Plaintiff Site Inspections Per Code c. D 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: Boneso Brothers Construction, Inc., a California corporation CASE NUMBER: DEFENDANT/RESPONDENT: S.J. Amoroso Construction, Inc., et al. 21CV04742 17. Economic litigation a. l= I 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. CJ 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): Boneso Brothers Construction, Inc. ("Boneso") has rejected the Alternative Dispute Resolution agreement proposed by S.J . Amoroso Construction, Inc. ("Amoroso"). Boneso is willing to enter into non-binding mediation with Amoroso. 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. D 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): 2 ----- 1 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 re ir . Date: October 17, 2023 George F. Vogt, Jr. - - - -- - - - - -- - - - - - - - ► (TYPE OR PRINT NAME) ► (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached . - - - - -- - - - - - -- - - CM-110 IRe,· September 1. 2021] Page 5 of 5 CASE MANAGEMENT STATEMENT ATTACHMENT TO CASE MANAGEMENT STATEMENT Response to Question 6. c. HERRIG, VOGT & HENSLEY, LLP Trial/Arbitration Calendar 2023-2025 February 20, 2024 - S.C. Anderson, Inc. v. RMK Engineering, Inc., et al. February 29, 2024 Jury Trial Kern County Superior Court, D-17 February 21, 2024 - Boneso Brothers Construction, Inc. v. S.J. Amoroso April 5, 2024 Construction Co., LLC Jury Trial San Mateo County Superior Court, D-4 August 12, 2024 - Boneso Brothers Construction, Inc. v. Webcor, et al. October 4, 2024 Jury Trial MSC: 01/17/24 Pre-Trial Conference: 07 /29/24 Alameda County Superior Court, D-512 September 23, 2024 Boneso Brothers Construction, Inc. v. S.J. Amoroso - Construction Co., LLC October 11, 2024 Jury Trial Pre-Trial Conference: 11/01/23 Santa Barbara County Superior Court, D-4 October 07, 2024 - Alameda Contra-Costa Transit District v. California October 18, 2024 Department of Transportation, et al. Jury Trial CMC: 02/15/24 Alameda County Superior Court, D-15 October 14, 2024 - Alameda Contra-Costa Transit District v. Arrow Drillers, October 28, 2024 Inc., dba Arrow Construction Jury Trial MSC: 09/12/24 Pre-Trial Conference: 09/26/24 Alameda County Superior Court, D-25 October 29, 2024 - S.C. Anderson, Inc. v. Golden State Construction and November 12, 2024 Framing, Inc., et al. Jury Trial TRC: 09/09/24 Merced County Superior Court, D-8 December 2, 2024 - Diversified Utility Services, Inc. v. R.P. Ruiz Corporation December 16, 2024 dba Richard's Construction Company, Inc., et al. Jury Trial CMC: 11/22/24 Kem County Superior Court, D-H March 3, 2025 - YR Transportation, Inc., et al. v. Rajinder Pal Singh, et March 14, 2025 al. Jury Trial MSC: 01/21/25 Sacramento County Superior Court, D-4 7 PROOF OF SERVICE I, the undersigned, declare as follows: I am over 18 years of age and not a party to the within action; my business address is 4210 Douglas Boulevard, Suite 100, Granite Bay, California; I am employed in Placer County, California. On October 17, 2023, I served a copy of the accompanying document(s) entitled CASE MANAGEMENT STATEMENT On the interested parties listed on the attached Service List as follows: D BY U.S. MAIL By following ordinary business practice, placing a true copy thereof enclosed in a sealed envelope, for collection and mailing with the United States Postal Service where it would be deposited for first class delivery, postage fully prepaid, in the United States Postal Service that same day in the ordinary course of business. □ Certified Mail - Receipt No. [ ] (Oattached) □ Return Receipt Requested D BY FACSIMILE By transmitting the document(s) listed above from Herrig & Vogt, LLP in Granite Bay, California to the facsimile machine telephone number(s) set forth on the attached service list. Service by facsimile transmission was made pursuant to agreement of the parties confirmed in writing. 0 BY OVERNIGHT DELIVERY-FEDERAL EXPRESS By depositing copies of the above documents in a box or other facility regularly maintained by Federal Express, in an envelope or package designated by Federal Express with delivery fees paid or provided for. i:g] BY ELECTRONIC SERVICE (via individual persons) By electronically transmitting the document(s) listed above to the email address(es) of the person(s) set forth on the attached service list. The transmission was reported as complete and without error. 0 BY ELECTRONIC COURT SERVICE: By causing the foregoing document(s) to be electronically mailed to the person(s) at the electronic service address(es) set forth below through the electronic court service as ordered by the court. 0 BY PERSONAL SERVICE By causing personal delivery the document(s) listed above to the offices at the address(es) shown on the attached service list. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that the declaration was executed o October 17, 2023 at Granite Bay, California. 1 PROOF OF SERVICE SERVICE LIST Janette G. Leonidou Roger Liu Leonidou & Rosin 777 Cuesta Drive, Suite 200 Mountain View, CA 94040 T: (650) 691-2888 jleonidou@alr-law.com rliu@alr-law.com ccardema@alr-law.com -2-