On November 14, 2022 a Party Statement was filed involving a dispute between Meritage Homes Of California, Inc., and Active Sheet Metal, Inc., Advanced Erosion Services Corporation, Alcal Specialty Contracting, Inc., Blake Roofing, Inc., Bmc, Bmc West Llc, Bmc West, Llc As Successor To Building Materials Construction Services, Inc., Bsa Framing, Inc., Building Materials Construction Services, Inc., Capital Design, Inc., C & S Material Specialist, Inc., Does 1-600, Dw Trim, Inc., Fenceworks, Inc., Fiber Care Baths, Inc., Green World Windows & Doors Corp., Homesite Services, Inc., J Ginger Masonry, Lp, Leonard Carpet Service, Inc., A California Corporation, Leonard'S Carpet Service, Inc., Matrix Surfaces, Inc., Pacific Builders Hardware & Lighting, Pacific Production Plumbing, Pslq, Inc., Rsi Professional Cabinet Solutions, Schamber Electric, Total Comfort, Inc., Trueteam Of California, Inc., Vintage Design, Inc., Vintage Roofing And Solar Co., Inc., West Coast Drywall & Company, Inc., for Complex Civil Unlimited in the District Court of San Bernardino County.
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CM-110 ATTORN EY OR PARTY WITHOUT A'I'I'ORNEY STATE BAR NUMBER: FOR COURT USE ONLY NAME: Larry Letofsky, SBN: 128863 / Robyn McClain, SBN: 125098 FIRM NAME: Letofsky McClain ELECTRONICALLY FILED (Autco) STREET ADDRESS: 3655 Nobel Drive, Suite 290 SUPERIOR COURT OF CALIFC RNIA CITY: San Diego STATE: CA ZIP cone: 92122 COUNTY OF SAN BERNARDINO TELEPHONE No.: (858) 642-1372 FAX N0.: (858) 642-1379 3/1 9/2024 9:24 AM EMAIL ADDRESS: cmountjoyreza@letofskymcclain.com ATTORNEY FOR(name): BMC West LLC, as successor to Building Materials Construction Servi SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS: 247 West Third Street MAILING ADDRESS: 247 West Third Street CITYAND zIP CODE: San Bernardino 92415 BRANCH NAME: San Bernardino Justice Center PLAINTIFF/PETITIONER: Meritage Homes of California, Inc. DEFENDANT/RESPONDENT: Active Sheet Metal, |nc., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: UNLIMITED CASE LIMITED CASE CIVSBZZZ5467 (Check one): |:| (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 3, 2024 Time: 8:30 a.m. Dept.: 826 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Robyn McClain / Larry Letofsky INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. x This statement is submitted by party (name): BMC West LLC, as successor to Building Materials Construction Services, Inc. b. E This statement Complaint and cross-complaint is submitted jointly by parties (names): (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. E Service The cross-complaint, if any, was (to be answered by plaintiffs and cross-complainants only) filed on (date): 3. a. b. E D All parties named in the complaint and cross-complaint have been served, have appeared, The following parties named in the complaint or cross-complaint or have been dismissed. (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The they following additional parties may be served): may be added (specify names, nature of involvement in case, and date by which Description of case 4. a. Type Meritage of case Homes in E complaint E of California, Inc. 11/14/22 Cross-Complaint‘s cross-complaint Causes (Describe, including causes of action): of Action: (1) Implied and Equitable Indemnity; (2) Contribution; (3) Breach of Contract; (4) Express Indemnity; (5) Breach of Implied Warranties; (6) Breach of Express Warranties; (7) Negligence; (8) Declaratory Relief; (9) Declaratory Relief re Duty to Defend; (10) Negligent Misrepresentation Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. rules Rules of Court, 3120—3130 CM-1 10 [Rev. January 1, 2024] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Meritage Homes of California, Inc. CASE NUMBER: DEFENDANT/RESPONDENT: Active Sheet Metal, Inc., et aI. C|V332225467 4. b. Provide a brief statement of the case, including any damages (ifpersonal 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): This is a construction defect case. The underlying matter is entitled Ramiro Rodriguez, et al. v. Meritage Homes, et al. involving alleged construction defects to approx. 21 single family homes located in the project known as “Sierra Crest” in Fontana, CA. BMC is a stucco subcontractor. Meritage has complained against the subcontractors to recover indemnity. E (If Jury or nonjury more space is needed, check this box and attach a page designated as Attachment 4b.) 5. The party or parties request requesting a jury trial trial): a jury trial E a nonjury trial. (Ifmore than one party, provide the name of each party 6. Trial date a. b. E The No trial trial has been setfor (date): 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): 4/8/24; 4/1 5/24; 4/29/24; 5/20/24; 6/3/24; 6/5/24; 6/7/24; 6/24/24; 7/19/24; 8/5/24; 8/20/24; 9/3/24; 9/26/24; 9/30/24; 10/1/24; 10/7/24; 10/3/24; 10/1 8/23; 10/28/24; 11/4/24; 12/1 6/24; 12/20/24; 1/24/25; 2/14/25; 2/24/25; 6/30/25; 9/16/25— Trial in other matters; 12/1/24-12/31/24 — Pre-Paid Vacation 7. Estimated length of trial The party or parties estimate that the trial will take (check one) a. days (specify number): 10-14 b- E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The a. party or parties Attorney: will be represented at trial by the attorney or party listed in the caption E by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: e. Emailaddress: g. Partyrepresented: 9_ E Preference Additional representation is described in Attachment 8. E 10. Alternative This case is entitled to dispute resolution (ADR) preference (specify code section): 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 rule 3.221 to the client and reviewed ADR options with the E E has not provided the ADR information package identified (2) in For seIf-represented parties: Party E E has client. has not reviewed the ADR information package identified in rule 3.221. b. (1) E Referral to judicial arbitration or civil action mediation This matter mediation under is subject to mandatoryjudicial arbitration under Code of Civil Procedure section 1775.3 (if available). Code of Civil Procedure section 1141 .11 or to because the amount in controversy does not exceed the civil action (2) E statutory limit. Plaintiff elects to refer this case to Procedure section 1141.11. judicial arbitration and agrees to limit recovery to the amount specified in Code of E Civil (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-HO Pag°2°f5 [Rev- January 1' 20241 CASE MANAGEMENT STATEMENT