Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY
NAME: Robin L. Krutzsch (250059) // Michael A. Vasquez (119045)
FIRM NAME: Wood, Smith, Henning & Berman LLP
STREET ADDRESS: 201 1st Street, Suite 209
CITY: Petaluma STATE: CA ZIP CODE: 94952
TELEPHONE NO.: 707 559 6750 FAX NO.: 707 559 6749
EMAIL ADDRESS: mvasquez@wshblaw.com
ATTORNEY FOR (name): Baywood, LLC, Richard A. Coombs and Brian B. O'Brian
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
STREET ADDRESS: 3055 Cleveland Avenue
MAILING ADDRESS:
Santa Rosa, CA 95403
CITY AND ZIP CODE:
Civil and Family Law Courthouse
BRANCH NAME:
PLAINTIFF/PETITIONER: Vanquish Environmental & Engineering
DEFENDANT/RESPONDENT: Baywood, LLC et. al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE SCV-273320
(Amount demanded (Amount demanded is $35,000
exceeds $35,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 4/11/2024 Time: 3:00pm Dept.: 19 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Robin L Krutzsch/Michael A. Vasquez
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. This statement is submitted jointly by parties (names): Baywood, LLC, Richard A. Coombs and Brian B. O'Brian
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 5/19/2023
b. The cross-complaint, if any, was filed on (date): September 18, 2023
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):
Contract, Fraud, Neglight Misrepresentation, Negligence, Defamation, Forclosure on Mechanic's Lien, Common
Counts, and Quantum Meruit.
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. January 1, 2024] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Vanquish Environmental & Engineering CASE NUMBER:
SCV-273320
DEFENDANT/RESPONDENT: Baywood, LLC et. al.
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 was retained to perform environmental remediation at these Defendants' Petaluma project site. Plaintiff
overcharged Defendants for the work performed.
(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. 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):
April 2-5, 2024, May 14th - May 24, 2024, July 30 - 31, 2024, September 9 - 13, 2024, October 28th - November 8,
2024, December 9, 2024 thru January 5, 2025, and January 13 -31, 2025
7. Estimated length of trial
The party or parties estimate that the trial will take (check one)
a. days (specify number): 7 - 10 trial 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. Email 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 1 775 et seq. (specify exemption): Amount in controversey
exceeds $50,000.
CM-110 [Rev. January 1, 2024] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Vanquish Environmental & Engineering CASE NUMBER:
SCV-273320
DEFENDANT/RESPONDENT: Baywood, LLC et. al.
10. c. In the table below, 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):
(1) Mediation Agreed to complete mediation by (date):
Mediation completed on (date): Early mediation was conducted
on 5/4/23. Parties agree further mediation could be helpful.
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
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. January 1, 2024] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Vanquish Environmental & Engineering CASE NUMBER:
SCV-273320
DEFENDANT/RESPONDENT: Baywood, LLC et. al.
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name): Allianz
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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendants reserve the right to file dispositive motions including motion for judgment on the pleadings and motion
for summary judgment/adjudication as evidence revealed during the course of discovery warrants.
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
Defendants Written Discovery 5/1/24
Defendants Party Depositions 9/15/24
Defendants 3rd Party Depositios 12/1/24
Defendants Records Subpoena 10/31/24
Defendants Experts Per code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated
(specify):
CM-110 [Rev. January 1, 2024] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Vanquish Environmental & Engineering CASE NUMBER:
SCV-273320
DEFENDANT/RESPONDENT: Baywood, LLC et. al.
17. Economic litigation
a. This is a limited civil case (i.e., the amount demanded is $35,000 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):
Defendants request that the Court set this matter for another CMC in January 2025 to give the parties an
opportunity to subpoena 3rd party documents, complete key depsositions and give the parties an opportunity to
participate in meaningful mediation.
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):
Counsel for Baywood, Coombs and O'Brien have conferred with Plaintiff's counsel and agree that after each
side has obtained key documents and taken the depositions of key witnesses further mediation would be
productive. Allowing the parties to prepare for mediation without having to simultaniously prepare for trial
would further facilitate the mediation.
2
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: 3/26/24
Michael A. Vasquez
(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. January 1, 2024] Page 5 of 5
CASE MANAGEMENT STATEMENT
1 PROOF OF SERVICE
2 Vanquish Environmental & Engineering, Inc. v. Baywood, LLC et. al.
Case No. SCV-273320
3
I am employed in the County of Sonoma County, State of California. I am over the age of
4 eighteen years and not a party to the within action. My business address is 201 1st Street, Suite
209, Petaluma, CA 94952-4289.
5
On March 26, 2024, I served the following document(s) described as CASE
6 MANAGEMENT STATEMENT on the interested parties in this action as follows:
7 SEE ATTACHED SERVICE LIST
8 BY MAIL: I placed true copies of the foregoing document(s) enclosed in sealed
envelopes addressed as shown on the Service List. I am “readily familiar” with Wood, Smith,
9 Henning & Berman’s practice for collecting and processing correspondence for mailing with the
United States Postal Service. Under that practice, it would be deposited with the United States
10 Postal Service that same day in the ordinary course of business. Such envelope(s) were placed for
collection and mailing with postage thereon fully prepaid at Petaluma, California, on that same
11 day following ordinary business practices.
WOOD, SMITH, HENNING & BERMAN LLP
TELEPHONE 707.559.6750 ♦ FAX 707.559.6749
12 BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
PETALUMA, CALIFORNIA 94952-4289
agreement of the parties to accept service by e-mail or electronic transmission, I caused the
201 1ST STREET, SUITE 209
13 document(s) to be sent from e-mail address jfires@wshblaw.com to the persons at the electronic
notification address listed in the service list. I did not receive, within a reasonable time after the
14 transmission, any electronic message or other indication that the transmission was not successful.
15 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
16
Executed on March 26, 2024, at Petaluma, California.
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20 Jessica Fires
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1 SERVICE LIST
Vanquish Environmental & Engineering, Inc. v. Baywood, LLC et. al.
2 Case No. SCV-273320
3 John W. Busby II Brian K. Stewart, Esq.
JOHN W. BUSBY II, ATTORNEY AT LAW, Dur E Najaf Shah, Esq. (“Najaf”)
4 P.C. COLLINS + COLLINS LLP
251 Lafayette Circle 2175 California Blvd., Suite 835
5 Suite 350 Walnut Creek, CA 94596
Lafayette, CA 94549 Tel: 510-844-5104 // Fax: 510-844-5101
6 Tel: (925) 299-9600 // Fax: (925) 299-9608 Email: bstewart@ccllp.law
Email: jwbusby@jwbusbylaw.com nshah@ccllp.law
7 smcneill@jwbusbylaw.com talfiers@ccllp.law
Attorneys for Plaintiff VANQUISH nverdugo@ccllp.law
8 ENVIRONMENTAL & ENGINEERING, Attorney for Defendants CKG
INC. ENVIRONMENTAL, INC. and
9 CHRISTINA J. KENNEDY
10 Lisa D. Nicolls
MURPHY AUSTIN ADAMS SCHOENFELD
11 LLP
WOOD, SMITH, HENNING & BERMAN LLP
555 Capital Mall, Suite 850
TELEPHONE 707.559.6750 ♦ FAX 707.559.6749
12 Sacramento, CA 95814
PETALUMA, CALIFORNIA 94952-4289
Tel: (916) 446-2300 Ext. 3074
201 1ST STREET, SUITE 209
13 Fax: (916) 503-4000
Email: lnicolls@murphyaustin.com
14 asaunders@murphyaustin.com
Attorney for Defendant/Cross-
15 Complainant BAYWOOD, LLC
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Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY NAME: Robin L. Krutzsch (250059) // Michael A. Vasquez (119045) FIRM NAME: Wood, Smith, Henning & Berman LLP STREET ADDRESS: 201 1st Street, Suite 209 CITY: Petaluma STATE: CA ZIP CODE: 94952 TELEPHONE NO.: 707 559 6750 FAX NO.: 707 559 6749 EMAIL ADDRESS: mvasquez@wshblaw.com ATTORNEY FOR (name): Baywood, LLC, Richard A. Coombs and Brian B. O'Brian SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA STREET ADDRESS: 3055 Cleveland Avenue MAILING ADDRESS: Santa Rosa, CA 95403 CITY AND ZIP CODE: Civil and Family Law Courthouse BRANCH NAME: PLAINTIFF/PETITIONER: Vanquish Environmental & Engineering DEFENDANT/RESPONDENT: Baywood, LLC et. al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE SCV-273320 (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 4/11/2024 Time: 3:00pm Dept.: 19 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Robin L Krutzsch/Michael A. Vasquez 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. This statement is submitted jointly by parties (names): Baywood, LLC, Richard A. Coombs and Brian B. O'Brian 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 5/19/2023 b. The cross-complaint, if any, was filed on (date): September 18, 2023 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): Contract, Fraud, Neglight Misrepresentation, Negligence, Defamation, Forclosure on Mechanic's Lien, Common Counts, and Quantum Meruit. 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. January 1, 2024] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Vanquish Environmental & Engineering CASE NUMBER: SCV-273320 DEFENDANT/RESPONDENT: Baywood, LLC et. al. 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 was retained to perform environmental remediation at these Defendants' Petaluma project site. Plaintiff overcharged Defendants for the work performed. (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. 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): April 2-5, 2024, May 14th - May 24, 2024, July 30 - 31, 2024, September 9 - 13, 2024, October 28th - November 8, 2024, December 9, 2024 thru January 5, 2025, and January 13 -31, 2025 7. Estimated length of trial The party or parties estimate that the trial will take (check one) a. days (specify number): 7 - 10 trial 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. Email 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 1 775 et seq. (specify exemption): Amount in controversey exceeds $50,000. CM-110 [Rev. January 1, 2024] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Vanquish Environmental & Engineering CASE NUMBER: SCV-273320 DEFENDANT/RESPONDENT: Baywood, LLC et. al. 10. c. In the table below, 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): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Early mediation was conducted on 5/4/23. Parties agree further mediation could be helpful. 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 (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. January 1, 2024] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Vanquish Environmental & Engineering CASE NUMBER: SCV-273320 DEFENDANT/RESPONDENT: Baywood, LLC et. al. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Allianz 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 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendants reserve the right to file dispositive motions including motion for judgment on the pleadings and motion for summary judgment/adjudication as evidence revealed during the course of discovery warrants. 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 Defendants Written Discovery 5/1/24 Defendants Party Depositions 9/15/24 Defendants 3rd Party Depositios 12/1/24 Defendants Records Subpoena 10/31/24 Defendants Experts Per code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. January 1, 2024] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Vanquish Environmental & Engineering CASE NUMBER: SCV-273320 DEFENDANT/RESPONDENT: Baywood, LLC et. al. 17. Economic litigation a. This is a limited civil case (i.e., the amount demanded is $35,000 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): Defendants request that the Court set this matter for another CMC in January 2025 to give the parties an opportunity to subpoena 3rd party documents, complete key depsositions and give the parties an opportunity to participate in meaningful mediation. 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): Counsel for Baywood, Coombs and O'Brien have conferred with Plaintiff's counsel and agree that after each side has obtained key documents and taken the depositions of key witnesses further mediation would be productive. Allowing the parties to prepare for mediation without having to simultaniously prepare for trial would further facilitate the mediation. 2 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: 3/26/24 Michael A. Vasquez (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. January 1, 2024] Page 5 of 5 CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE 2 Vanquish Environmental & Engineering, Inc. v. Baywood, LLC et. al. Case No. SCV-273320 3 I am employed in the County of Sonoma County, State of California. I am over the age of 4 eighteen years and not a party to the within action. My business address is 201 1st Street, Suite 209, Petaluma, CA 94952-4289. 5 On March 26, 2024, I served the following document(s) described as CASE 6 MANAGEMENT STATEMENT on the interested parties in this action as follows: 7 SEE ATTACHED SERVICE LIST 8 BY MAIL: I placed true copies of the foregoing document(s) enclosed in sealed envelopes addressed as shown on the Service List. I am “readily familiar” with Wood, Smith, 9 Henning & Berman’s practice for collecting and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with the United States 10 Postal Service that same day in the ordinary course of business. Such envelope(s) were placed for collection and mailing with postage thereon fully prepaid at Petaluma, California, on that same 11 day following ordinary business practices. WOOD, SMITH, HENNING & BERMAN LLP TELEPHONE 707.559.6750 ♦ FAX 707.559.6749 12 BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an PETALUMA, CALIFORNIA 94952-4289 agreement of the parties to accept service by e-mail or electronic transmission, I caused the 201 1ST STREET, SUITE 209 13 document(s) to be sent from e-mail address jfires@wshblaw.com to the persons at the electronic notification address listed in the service list. I did not receive, within a reasonable time after the 14 transmission, any electronic message or other indication that the transmission was not successful. 15 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 16 Executed on March 26, 2024, at Petaluma, California. 17 18 19 20 Jessica Fires 21 22 23 24 25 26 27 28 1 SERVICE LIST Vanquish Environmental & Engineering, Inc. v. Baywood, LLC et. al. 2 Case No. SCV-273320 3 John W. Busby II Brian K. Stewart, Esq. JOHN W. BUSBY II, ATTORNEY AT LAW, Dur E Najaf Shah, Esq. (“Najaf”) 4 P.C. COLLINS + COLLINS LLP 251 Lafayette Circle 2175 California Blvd., Suite 835 5 Suite 350 Walnut Creek, CA 94596 Lafayette, CA 94549 Tel: 510-844-5104 // Fax: 510-844-5101 6 Tel: (925) 299-9600 // Fax: (925) 299-9608 Email: bstewart@ccllp.law Email: jwbusby@jwbusbylaw.com nshah@ccllp.law 7 smcneill@jwbusbylaw.com talfiers@ccllp.law Attorneys for Plaintiff VANQUISH nverdugo@ccllp.law 8 ENVIRONMENTAL & ENGINEERING, Attorney for Defendants CKG INC. ENVIRONMENTAL, INC. and 9 CHRISTINA J. KENNEDY 10 Lisa D. Nicolls MURPHY AUSTIN ADAMS SCHOENFELD 11 LLP WOOD, SMITH, HENNING & BERMAN LLP 555 Capital Mall, Suite 850 TELEPHONE 707.559.6750 ♦ FAX 707.559.6749 12 Sacramento, CA 95814 PETALUMA, CALIFORNIA 94952-4289 Tel: (916) 446-2300 Ext. 3074 201 1ST STREET, SUITE 209 13 Fax: (916) 503-4000 Email: lnicolls@murphyaustin.com 14 asaunders@murphyaustin.com Attorney for Defendant/Cross- 15 Complainant BAYWOOD, LLC 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-