Preview
ROBERT A. BELLAGAMBA, SPECIAL MASTER
CASTLE, DEKKER BELLAGAMBA
30 Oak Court
Danville, CA 94526
(925) 552-1200
(925) 552-1201 Fax
rbellagamba@dekkerlaw.com
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SONOMA.
FRANK TANSEY AND NANCY WATSON- ) Case No. SCV-273169
10 TANSEY, INDIVIDUALLY AND AS )
i
TRUSTEES OF THE TANSEY FAMILY )
LIVING TRUST, ) PRE-TRIAL ORDER NO. 1
12 )
Plaintiffs,
13 ) RE: PLEADINGS, DISCOVERY, PRE-TRIAL)
vs, SETTLEMENT MATTERS
14
15 GATEWAY BUILDERS, INC., ARTISAN
PACIFIC BUILDERS INC., JEFFREY
16 LEDGER, SHANNON L. LEDGER, KRISTIE )
M. KEITH, MATTHEW WATSON, OLD )
17 REPUBLIC SURETY COMPANY, WESTERN )
18
SURETY COMPANY, and DOES | through
100, inclusive
19
Defendants.
20
AND RELATED CROSS-ACTIONS
21
22 Robert A. Bellagamba having been appointed Special Master pursuant to court order for certain
23 pre-trial matters including law and motion, discovery, discovery motions and settlement proceedings, a
24 teleconference of all counsel and the Special Master having been held on April 1, 2024 no party
25
objecting hereto, and for good cause appearing,
26
IT IS HEREBY ORDERED:
27
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
1
1 Scope of Order, This Pre-Trial Order No. 1, as may be modified and
supplemented by further orders of this Court or the Special Master, shall govern all further discovery
and case management. All matters of any kind pertaining to discovery, case management and settlement
matters, but excluding a hearing to enforce a settlement of this action pursuant to Section 664.6 or
Section 664.7 of the Code of Civil Procedure or a hearing on the issue of good faith of settlement
pursuant to Section 877.6 of the Code of Civil Procedure, shall be noticed to be heard before the Special
Master, in accordance with California Code of Civil Procedure, the California Rules of Court, and
Sonoma County Rules of Court, unless otherwise ordered. It is understood that the Special Master
10
intends to hear and rule on discovery and case management matters on a shortened time and on an
i
informal basis. Matters involving substantive legal issues shall be submitted to the Court upon proper
12
motion and notice. Recommended orders provided to the Court for approval shall be simultaneously
13
14 served upon counsel for all parties that remain in the litigation with service by fax and/or e-mail.
15 Recommended orders agreed to by the parties may be approved by the Court immediately upon
16
submittal by the Special Master. As to contested recommendations, any party that opposes the
17
recommended order shall file with the Court a statement of opposition, accompanied by points and
18
authorities in support thereof, within such time established by the Special Master or by stipulation,
19
but not less than that required by law( CCP 643c) Parties shall serve the statement of opposition and
20
21 supporting papers upon the Special Master and all counsel of record and shall also serve a courtesy
22 copy to the chambers of the assigned judge. Failure to timely file a statement of opposition shall be
23
deemed to be approval of the recommended order.
24
2 Pleadings.
25
(a) Deemed filed and served cross-complaint, Upon appearing in the action by filing a
26
27
Notice of Appearance or an Answer, with the exception of cross-complaints against design
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
2
professionals for whom a certificate of merit is required under CCP Section 411.35, it shall be deemed
that:
(1) All allegations of the complaint or cross-complaint(s) are generally denied;
(2) All defendants and cross-defendants are deemed to have filed and served
against each defendant and cross-defendant a cross-complaint for implied indemnity, determination of
comparative negligence, apportionment of fault and declaratory relief; and
(3) All affirmative defenses listed in the attached Exhibit “B” are deemed
asserted.
10
Any party wishing to opt out of this paragraph and who does not wish to be deemed to
1
have filed a cross-complaint may do so by service of written notice containing a statement of such intent
12
13
upon all counsel of record and the court. This section does not apply to actions against public entities
14 which are subject to the claim filing requirements of Government Code Section 900, ef seq. Further,
15 nothing in this Order shall affect the requirements for the filing of an attorney’s certificate of merit as
16
set forth in CCP Section 411.35.
17
(b) Other Cross-Complaints and Affirmative Defenses Any complaint or cross-
18
complaint(s) other than for implied indemnity, determination or comparative negligence, apportionment!
19
20
of fault or declaratory relief, and particularly raising express indemnity claims, and any answer raising
21 an affirmative defense not listed in Exhibit “B”, must be separately pled, filed and served.
22 (c) Dismissal of Complaint. Dismissal of the Complaint by Plaintiff as to any
23
defendant during pendency of the litigation shall not affect claims for indemnity deemed filed by Cross-
24
Complainants; however, any party intending to pursue such claims against that dismissed party shall,
25
within fifteen (15) days of receipt of such notice of dismissal, notify all parties in writing of such
26
27
intention. Absent notification, any party so dismissed may be removed from the service list.
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
3
Additionally, each party hereby waives any claim for costs (as to parties who are asserting deemed
cross-complaints pursuant to paragraph 4(a)) which may arise from the granting of a good faith
settlement motion in its favor.
(d) Naming Additional Plaintiffs. Absent good cause, by no later than sixty (60) days of the
date of this Order, Plaintiff may name additional plaintiffs by filing an Amendment to Complaint
without obtaining leave of court. No new Answer(s) or other responsive pleadings, Cross-Complaint(s)
or Doe Amendment(s) are required to be filed and served in response to such Amendment to
Complaint, and the previously filed Answer(s), Cross-Complaint(s) and/or Doe Amendment(s) shall
10
apply and operate in response to such Amendment to Complaint.
1
3 Stipulation To Special Master, Notice of Appearance and/or Answer, At the
12
option of a new party appearing in this action, a new party may file either an Answer or alternatively a
13
14 Written Notice of Appearance in Lieu of Answer with the Court and contemporaneously serve all
15 counsel of record and the Special Master as shown on the attached list. Such notice shall identify with
16
specificity each party which counsel purports to represent, and shall include the complete address and
17
fax number of counsel for the appearing party.
18
By filing a Notice of Appearance and/or Answer, a party thereby stipulates to the
19
appointment of the Special Master pursuant to the terms set forth in the Order of Reference
20
21 appended as Exhibit “A”, unless such filing is accompanied by an Opt Out Notice filed pursuant
22 to paragraph 4.
23 4. Opt-Out Provision. Any party may opt-out of the Special Master Process by filing a
24
Notice of Opting-Out of the Special Master Process filed contemporaneously with either a Notice of
25
Appearance and/or Answer. Parties that file such Notice shall not be governed by the procedures and
26
27
deadlines set forth by the Pre-Trial Orders submitted by the Special Master with the exception of any
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
4
date set with the Court. The Special Master shall have no authority over parties that opt-out of the
Special Master Process. Parties that opt-out shall not be on the service list of the Special Master and
shall not bear any fees or costs incurred by the Special Master. A party that has opted-out, but wishes to]
be on the service list of the Special Master for courtesy copies of faxes and/or e-mails, shall make the
request to the Special Master, in writing, within ten (10) days of filing its’ Notice of Opting-Out.
5 Service of this Order, Each party serving the complaint or a cross-complaint on
a new party to the action shall also contemporaneously serve a copy of the Order of Reference, any pre-
trial orders that may have been issued, and a notice in bold face type that clearly sets forth the foregoing
10
provision regarding Stipulation to Special Master, (Exhibit “A”).
i
6 Code Governs Where Silent. On any matter as to which this Order is silent, the
12
13
Code of Civil Procedure, the California Rules of Court, other applicable statutes and case law, and local
14 rules of court shall govern.
15 7 Stay on Discovery. All discovery among parties subject to this Order is stayed,
16
except for good cause demonstrated on application to the Special Master and as provided in this and any
17
future Pre-Trial Orders approved by the Special Master and the Court. This stay does not apply to
18
discovery requests to non-parties and to discovery otherwise provided for herein. Notwithstanding the
19
20
foregoing, the discovery stay shall list automatically 210 days before trial
21 8 Production of Documents,
22 @ A document depository shall be established at Compex Legal Services,1816
23
Tribute Road, Sacramento, Ca. 95815, phone 916 646-8620. The term "document" has the same
24
meaning as the term "writing" as defined in Evidence Code section 250, and is meant to be all inclusive.
25
26
(b) Within thirty (30) days of the date of this Order, or the filing of a Notice of
27 Appearance and/or Answer, whichever is later, each party shall produce all relevant, non-privileged
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
5
documents in its possession, custody and/or under its control which respond to the description of
documents set forth in Exhibit “C”.
©) The documents shall be produced to the document depository at the above
address, together with a category index of the documents being produced. The category index of
documents being produced shall be served on all parties in the case, together with a certificate of due
diligence and a verification from the party as set forth in Code of Civil Procedure Section 2031.250 and
declaring that a) the documents produced are true and correct copies; b) the documents submitted to the
depository are a full and complete set of all non-privileged documents.
10
@ Ifno documents exist responsive to any category of documents specified in this
I
section, the party shall verify and file a declaration stating and signing under oath the following: (1) that
12
a diligent search and reasonable inquiry has been made in an effort to comply with this production
13
14 requirement; (2) whether the inability to comply is because the particular item or category has never
15 existed, has been destroyed, has been lost, misplaced, stolen or has never been, or is no longer in the
16
possession, custody or control of the responding party with a statement as to how the same has been
17
ascertained; and (3) the name and address of any natural person or organization known or believed by
18
that party to have possession, custody or control of that item or category of item and how the same is
19
20
believed or known.
21 © Each party shall be given a letter designation. Each document is to be Bates
22 stamped, numbered and given the appropriate letter designation. The designation will be the first three
23
letters of the parties name or last name if an individual.
24
@ All parties shall serve a list of plans, drawings and/or blueprints in its possession,
25
including identification of preparer, date, modification date if any, and whether such plan, drawing or
26
27
blueprint bears the stamp of approval of any public entity.
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
6
@) Parties may review the documents at the depository during normal business
hours. In the event copies are delivered to the depository, for reasonable cause, any party may request
an opportunity to view and copy the originals of any document on deposit. After a reasonable attempt
at informal resolution, any party may make a motion for an opportunity view and copy originals for
good cause shown.
(h) All parties are under a continuing obligation to deposit all non-privileged
responsive documents discovered after the initial production. Such documents shall be deposited within
twenty (20) calendar days of the party’s receipt or discovery of the additional documents. In the event
10
that a party subsequently discovers documents, that party shall follow the same procedure set forth in
ll
this Order. If is becomes necessary for any party to supplement its initial production, the party must
12
similarly file a Notice of Compliance which depicts the number of the deposit by that party (e.g. Second
13
14 Notice of Compliance; Third Notice of Compliance, etc.), in the format required by this Order and the
15 same shall specify the bates-numbered documents that were produced before and the bates-numbered
16
documents then being additionally produced. The requirements of this paragraph shall supersede
17
previously issued discovery requests for the same documents, and the responding party shall be
18
permitted to deposit documents in accordance with the requirements stated herein.
19
20 @) Problems or questions which arise concerning these procedures should be
2 addressed to the Special Master for his resolution.
22
@ The document depository is not responsible for locating documents, making
23
copies or providing paralegal assistance. Each party must make independent arrangements for the
24
review and copying of any records it wants from the depository.
25
Ml
26
27
Ml
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
7
9 Insurance Interrogatories.
(a) Within thirty (30) days of the date of this Order, or the filing of a Notice of
Appearance and/or Answer, whichever is later, each party other than Plaintiff shall serve on all other
parties, answers verified under oath pursuant to Code of Civil Procedure Section 2030.250, to the
insurance interrogatories attached hereto as Exhibit "D".
(b) All defendants and cross-defendants have an affirmative obligation to update,
amend or supplement their insurance information upon learning of any change in carrier position or
upon discovery of any additional insurance policies or information not previously disclosed. Any party
10
may apply to the Special Master for an order requiring another party to produce a copy of its insurance
ll
policies,
12
13
10. Scope of Work and General Background Interrogatories. Within thirty (30) days of
14 this Order, or the filing of a Notice of Appearance and/or Answer, whichever is later, each party, other
15 than Plaintiff, shall serve on all other parties, answers verified under oath pursuant to Code of Civil
16
Procedure Section 2030.250, to the Scope of Work Interrogatories, attached hereto as Exhibit "E". To
17
the extent a party is unable to provide a complete response to the Scope of Work Interrogatories
18
within the time noted, said party shall have a continuing obligation to provide information as it
19
becomes known, and shall issue a Supplemental Response to the Statement of Work Interrogatories.
20
21 11, Special Interrogatories to Plaintiff. Within thirty (30) calendar days of the
22 filing of this Order, plaintiff shall serve on all other parties, answers verified under oath pursuant to
23
Code of Civil Procedure section 2030.250, to the interrogatories attached as Exhibit “F”.
24
12. Privilege as to Discussions and Meetings. Pursuant to the Stipulation and Order of
25
Reference to Special Master, all communications, negotiations, and information exchanged by and
26
27
between the parties, their counsel or their consultants during meetings, site inspections or otherwise
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
8
in the course of proceedings under the Special Master, with the exception of formal discovery,
documents produced to the document depository, and answers to interrogatories contained in Exhibit
"C", Exhibit "D", Exhibit “E” and Exhibit “F”, infra and with the exception of discovery to non-
parties, is for settlement purposes and are confidential and are protected by the provisions of
California Evidence Code Section 1152 and Chapter 2 Section 1115-1128. Said communications
shall not be admissible in evidence or subject to discovery, and disclosure of such evidence shall not
be compelled in this, or any other proceeding. The parties further agree and authorize the Special
Master to provide reports, assessments, evaluations, recommendations and findings to the Court
10
regarding the discovery process and settlement posture of the parties in this case and for purposes of
case management.
12
13. Plaintiff's Preliminary Statement of Claims, Defects and Damages. On or before
13
14 April 16, 2024, plaintiff shall serve upon counsel for all parties a detailed “Preliminary Statement of
15 Claims, Defects and Damages” specifying the claims and defects, together with a cost of repair, alleged
16
to exist at the subject property. This preliminary statement shall be subject to reasonable revisions
17
pending further discovery by Plaintiff as a result of destructive testing and Plaintiff's further
18
investigation. This report will be preliminary, not final, and Plaintiff shall not be limited at the time of
19
trial to the claims set forth therein. It is privileged work product. It cannot be used by the defense for
20
21 any purpose connected with discovery or trial and cannot be commented on if its content changes before
22 the deposition of the generator of the report. This Order extends to amended or supple’ ental reports
23
provided to the defense before expert discovery is open. Should it be determined that additional
24
information is needed, the Special Master will order supplemental reports to be prepared. Plaintiff is to
25
be reimbursed for the cost of reproduction of any reports being served with the Statement of Claims
26
27
document, but not for the cost of reproduction of the Statement of Claims document itself.
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
9
14. Repairs by Plaintiff. Plaintiff shall provide seven (7) calendar days prior written
notice to all counsel before performing any repairs at the subject properties, except that Plaintiff may
perform emergency repairs, so long as written notice is given to all parties within twenty-four (24)
hours after Plaintiffs counsel is made aware of such repairs. Plaintiff will make all best efforts to save
any removed materials. Defendants will have access to such materials upon request.
15. Plaintiff's Destructive Testing, Plaintiff shall provide notice of the dates of all
destructive testing to all counsel not less than 15 business working days. Such notice shall include the
nature of the testing together with the locations and time for all testing and shall be provided to all
10
counsel not less than five days prior to each date, with subsequent updates of the location schedule to be
M
provided as necessary. Counsel and experts for each party in the case may attend to observe.
12
13
16. Defense Destructive Testing, All destructive testing will be completed on a schedule
14 to be set by the Special Master. All arrangements for destructive testing shall be made through counsel
15 for plaintiff.
16
17. Defense Response to Plaintiff’s Preliminary Statement of Claims. The defense
17
response to Plaintiff's Preliminary Statement of Claims shall be due on a date to be set by the Special
18
Master. The Defense Response to Plaintiff's Preliminary Statement of Claims is privileged work
19
20
product. It cannot be used by the Plaintiff for any purpose connected with discovery or trial and cannot
21 be commented on if its content changes before the deposition of the generator of the report. This Order
22 extends to amended or supplemental reports provided to the defense before expert discovery is open.
23
Should it be determined that additional information is needed, the Special Master will order
24
supplemental reports to be prepared.
25
18, Joint Expert Meeting. At the election of any of the parties or on a date set by the
26
Special Master, a meeting between party consultants/experts shall take place to discuss Plaintiff's
27
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
10
Preliminary Statement of Claims, Defects and Damages, the Defense response thereto, or any other
matter the consultants/experts wish to discuss.
19. Disclosure of Experts, On a date to be set by the Special Master, all parties shall file
and serve upon all other parties, a statement disclosing the experts they may call at trial, pursuant to the
requirements of California Code of Civil Procedure section 2034.210, et. Seq.
20. Exchange of Written Expert Reports and Files, On a date set by the Special
Master, all parties contemplating the use of direct expert testimony shall serve all expert reports on all
other parties in a manner to be determined by the Special Master and pursuant to CCP Section
10
2034.270. The term “report” includes, without limitation, all written summaries, compilations,
i
calculations, computations, findings, conclusions, opinions, recommendations, estimates, proposals, and|
12
13
any form of photographs, video, audio or graphic displays. Parties shall also produce all information
14 the expert has read, considered or relied upon, specific to this case, in preparing his report or findings.
15 21. Plaintiff’s Final Statement of Claims, Defects and Damages. On a date to be
16
determined in the future, plaintiff shall serve a “Final Statement of Claims, Defects and Damages”,
17
specifying the claims and defects, together with a cost of repair. The final Statement of Claims, Defects
18
and Damages shall be a discoverable document. Following submission of the final Statement of
19
20
Claims, Defects and Damages plaintiff may only add claims for additional defects upon a showing of
21 good cause.
22 22. Defendants’ Final Response to Plaintiff's Final Statement of Claims, Defects and
23
Damages. Following service of plaintiff's Final Statement of Claims, Defects and Damages which
24
includes a cost of repair, on a date to be determined, all defendants contemplating the use of expert
25
testimony at trial (whether such experts are retained or not) shall serve collectively or separately,
26
27
“Defendants’ Final Response to Plaintiffs Final Statement of Claims, Defects and Damages” ,
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
MW
specifying the claims and defects, together with a cost of repair. Defendants’ Final Response to
Plaintiffs Final Statement of Claims, Defects and Damages shall be a discoverable document and may
not be amended absent a showing of good cause.
23. Settlement Discussions, On a date to be determined by the Special Master, the
Special Master will commence Mandatory Settlement Conferences, which shall continue from time to
time thereafter at the discretion of the Special Master. All counsel, principals and insurance
representatives where applicable shall be required to attend with authority for settlement. The parties’
consultants may be required to attend at the discretion of the Special Master.
10
24. Electronic and/or Fax Service. The parties to this action are to accept service of
MW
papers relating to this action by fax or email and agree to provide a fax number and/or email address.
12
Service by fax and email shall be pursuant to Code of Civil Procedure section 1013 (e)- (g) and
13
14 California Rules of Court Rules 2.306 and 2.251 which, provide among other provisions, that service
15 that occurs after 5:00PM is considered to have occurred on the next court day and that the time for
16
exercising any right or performing any duty to do an act or make a response is extended by two court
17
days. Faxed and emailed signatures shall be deemed to be the same as original signatures.
18
25. Special Master Fees. The Special Master’s fees will be billed from time to time
19
20
during the pendency of this action. Allocation of responsibility among the parties as to the payment of
21 these fees will be made by the Special Master and dealt with at the time of each billing.
22 26. Further Status Conferences.At such time as the Special Master may find it necessary,
23
all parties shall attend further status conferences before the Special Master. At such conferences,
24
counsel shall be prepared to discuss and agree upon discovery schedules, site inspections, early
25
settlement conferences, disclosure of experts, exchange of expert reports, depositions of experts, and
26
27 depositions of other witnesses.
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
12
27. KF ‘urther Telephonic Status Conference. A teleconference of all parties and the
Special Master shall be held on April 30, 2024 at 4:00 p.m. To access the teleconference, please
dial 925 438-7225. ID# 789276.
APPROVED AND RECOMMENDED:
Dated: F ls Dead
Sekear. (As Dib PO gop sole,
ROBERT A. BELLAGAMBA, Speci Master
IT IS SO ORDERED:
Dated:
10 JUDGE OF THE SUPERIOR COURT
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
13
EXHIBIT “A”
STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER
Attach a copy of the stipulation and Order of reference
—
10
i
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS)
14
ELECTRONICALLY FILED
Todd A. Jones (Bar No. 198024) Superior Court of California
County of Sonoma
tiones@mvyjllp.com 3/4/2024 8:00 AM
Craig S. Jones (Bar No. 145451) Robert Oliver, Clerk of the Court
cjones@mvjllp.com By: Griselda Zavala, Deputy Clerk
MOKRI VANIS & JONES, LLP
3620 American River Drive, Suite 218
Sacramento, CA 95864
Telephone: 916.306.0434
Facsimile: 949.226.7150
Attorneys for Defendant/Cross-Complainant
GATEWAY BUILDERS, INC. and Defendants
JEFFREY LEDGER, SHANNON L. LEDGER,
KRISTIE M. KEITH and MATTHEW WATSON
SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SONOMA
ll
12 FRANK TANSEY and NANCY WATSON- Case No.: SCV-273169
TANSEY, individually and as TRUSTEES OF
13 THE TANSEY FAMILY TRUST, STIPULATION AND ORDER OF
REFERENCE TO SPECIAL MASTER
14 Plaintiffs,
15 Vv. Complaint Filed: April 28, 2023
16 GATEWAY BUILDERS, INC., ARTISAN
PACIFIC BUILDERS, INC., JEFFREY
17 LEDGER, SHANNON L. LEDGER, KRISTIE
M. KEITH, MATTHEW WATSON, OLD
18 REPUBLIC SURETY COMPANY, WESTER
SURETY COMPANY, and DOES w through
19 100, inclusive,
20 Defendants.
21
AND RELATED CROSS-ACTIONS.
22
23 The parties to this action, by and through their attorneys of record, hereby stipulate that Robert
24 A. Bellagamba, Esq. (SBN 56537) of the office of Castle, Dekker & Bellagamba,30 Oak Court,
25 Danville, CA (925 552 1200) shall be appointed as Special Master in this matter by agreement pursuant
26 to Code of Civil Procedure Section 638 and 187.
27
28
1
STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER
The parties further stipulate that this case is complex pursuant to California Rules of Court, Rule
3.400 et seq. and Standard 3.10 ofthe Judicial Administration Standards, in that it involves a large
number of parties and claims, and the trial of the action, if it occurs, is likely to be prolonged.
The parties further stipulate that parties which have not yet appeared in the litigation may
execute an addendum to this Stipulation so that parties already having executed this Stipulation need not
re-execute the Stipulation.
The duties and powers of the Special Master shall, be set forth herein.
1. The Special Master shall coordinate all discovery and all law and motion matters related to
discovery. The Special Master may, among other things, hear and make recommendations upon discovery
10 matters, including but not limited to those that stay discovery, order production of documents to a
ll depository, order disclosure of percipient and/or expert witnesses, form a discovery committee to
12 recommend and schedule depositions, control written discovery in his discretion, order site inspections and
13 destructive testing, and issue such other orders as deemed appropriate to orderly case management.
14 2. The Special Master shall convene mediations when he deems it appropriate and may, as a
15 function of holding such conferences, request the attendance of counsel, parties or representatives of parties
16 with full authority to settle, and/or consultants; meet with counsel and the parties or their representatives
17 together and/or separately; order site inspections and attendance by parties and their consultants and
18 experts; retain an independent court appointed expert; require counsel to provide statements pertaining to
19 legal and factual issues; refer special problems affecting settlement which require the assistance of the
20 Court to the supervising judge. The Special Master is being appointed as Mediator pursuant to CRC
21 3.891 (a)(2).
22 3. The Special Master may supervise, plan, coordinate and make recommendations concerning
23 procedural issues, including, but not limited to (a) the consolidation of related actions, (b) time limitations
24 and ground rules for filing and service of complaints, cross-complaints and responsive pleadings, (c)
25 assigning of the matter a trial date, and (d) the timing, briefing and scheduling of motions for summary
26 judgment, for the efficient management of the case.
27 4, The Special Master may appoint a lead defense representative who shall be responsible for
28 coordinating matters among the defense attorneys as they appear in the action. This coordination may
2
STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER
include organizing and issuing joint defense responses, organizing requests for joint inspections and testing,
or such other matters as the Special Master deems appropriate.
5. The Special Master shall periodically report the status of the matter to the supervising judge,
together with such recommended orders relating to discovery and case management as well as other
recommendations as may assist the court. Recommended orders provided to the court shall be served by
the Special Master by fax, mail, e-mail or personal delivery upon all parties that remain in the litigation.
Consistent with the foregoing, any recommended order provided to the court shall be served but not
immediately filed with the court. Within the time set by stipulation of the parties, or by the Special Master,
but not less than that required by law, any party that opposes the recommendation shall file a statement of
10 opposition together with points and authorities in support thereof with the Court, with a courtesy copy to thd
ll chambers of the assigned judge, and serve such a statement of opposition and points and authorities on the
12 Special Master and all counsel of record. Failure to file a statement of opposition shall be deemed to be
13 acquiescence in the recommended order. Absent opposition within the time constraints imposed the
14 recommended order shall be forwarded to the court as a stipulated order.
15 6. Dispositive or substantive law and motion matters, such as demurrers, motions to strike, motions
16 for summary judgment, and hearings on the issue of good faith settlement pursuant to Section 877.6 of the
17 Code of Civil Procedure as well as motions brought pursuant to CCP Section 664.6 shall not be heard by
18 the Special Master.
19 7. The Special Master may recommend sanctions for the failure of any person, party, counsel or
20 representative of a party to cooperate with the Special Master, or as appropriate under provisions of any
21 applicable statute or rule of court.
22 8. The fees of Robert A Bellagamba, Esq., Special Master shall be billed at $650.00 per hour plus
23 costs. The fees and costs will be apportioned equitably among the parties based on a number of factors
24 including but not limited to, the nature of services provided, the parties benefiting from those services and
25 the number of the parties in the case at the time services are provided. The Special Master’s fees and costs
26 shall be subject to review by the Court upon request of any party or the Special Master. The Court shall
27 retain jurisdiction after dismissal of the action to hear any motion related to apportionment or nonpayment
28 of the fees and costs of the Special Master. Any party who appears in the case after this Stipulation is filed
3
STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER
and any party who settled out of the case before it is completely resolved shall notify the Special Master in
writing of those dates. Each party will be responsible for its share of the Special Master’s fees and costs
during its involvement in the case.
9. This Stipulation may be signed in counterpart and facsimile copies of signatures can be attached
to this Stipulation and have the same force and effect as though original signatures were attached hereto.
IT IS FURTHER AGREED by and between each of the parties to this stipulation that all
communications and negotiations related to settlement by and between counsel and parties to this action
shall be confidential; and that anything said or of any admission made by attorneys, parties principals,
consultants or others in the course of the settlement discussions, and any document prepared for the purpose|
10 of, or in the course of, or pursuant to, the settlement process are deemed confidential communications, and
11 shall not be admissible in evidence or subject to discovery, and disclosure of such evidence shall not be
12 compelled in this, or any other proceeding; provided however that said confidentiality is waived for the
13 purposes of any motion to enter judgment pursuant to the terms of a settlement under Code of Civil
14 Procedure Section 664.6 or Section 664.7. Nothing herein contained shall be deemed to constitute a court
15 order for the sealing of any materials filed with the Court or Special Master absent a hearing and the
16 findings required by California Rule of Court 2.550.
17 By signing the consent to serve, the Special Master represents that he has not had any significant
18 personal relationship with a party, attorney or law firm in the instant case but that he may have had a
19 professional relationship with one of the parties, attorneys or law firms, including within the past 24
20 months, acted as Special Master, mediator, arbitrator or other neutral dispute resolution provider in similar
21 matters involving some of the attorneys, parties, insurance companies and/or experts involved in this action,
22 and has been compensated therefore, and that he is aware of no matter that requires disclosure under
23 subdivisions (D)(3)(a)(iii) and D(5)(a) of Canon 6 of the Code of Judicial Ethics.
24 The stipulating parties hereby waive any further or more detailed disclosure requirements under
25 California Rules of Court, Rules 3.850-3.860 and 3.904(b)(2) which provides in pertinent parts for
26 disclosure as follows:
27
28
4
STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER
"Any significant personal or professional relationship the referee has or has had
with a party, attorney, or law firm in the current case, including the number and
nature of any proceedings in the past 24 months in which the referee has been
privately compensated by a party, attorney, law firm or insurance company in the
current case for any services. The disclosure must include privately compensated
services as to attorney, expert witness, or consultant or as a judge, referee,
arbitrator, mediator, settlement facilitator, or other alternative dispute resolution
neutral."
IT IS SO STIPULATED:
Dated: MURPHY, LOGAN & ROADES-BROWN, LLP
By:
10 Attorney for Plaintiffs FRANK TANSEY and NANCY
1 WATSON-TANSEY, individual and as TRUSTEES OF
THE TANSEY FAMILY LIVING TRUST
12
13 Dated: __ Feb. 7, 2024 LAW OFFICES OF STEPHEN M. FLYNN
a
14
15 By:
4
e
=
Li
fy
7 “TY
Attorney for efendant/Cross-Complainant GATEWAY
16 BUILDERS, INC. and Defendants JEFFREY LEDGER,
SHANNON L. LEDGER, KRISTIE M. KEITH and
17 MATTHEW WATSON
18 LAW OFFICE OF ANDRE MARTINEZ
Dated:
19
20 By:
Attorney for Cross-Defendant/Cross-Complainant
21 GIOVANNI VILLAVICENCIO dba GIOVANNI
ELECTRIC
22
23
Dated: LAW OFFICES OF TADD C. AIONA
24
25 By:
Attorney for Cross-Defendant/Cross-Complainant
26
GIOVANNI VILLAVICENCIO dba GIOVANNI .
27 ELECTRIC
28
5
STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER
“Any significant personal or professional relationship the referee has or has had
with a party, attorney, or law firm in the current case, including the number and
nature of any proceedings in the past 24 months in which the referee has been
privately compensated by a party, attorney, law firm or insurance company in the
current case for any services. The disclosure must include privately compensated
services as to attorney, expert witness, or consultant or as a judge, referee,
arbitrator, mediator, settlement facilitator, or other alternative dispute resolution
neutral."
IT IS SO STIPULATED:
Dated; February 7, 2024 MURPHY, LOGAN & ROADES-BROWN, LLP
By: C(
10 Attorney for Plaintiffs FRANK TANSEY and NANCY
WATSON-TANSEY, individual and as TRUSTEES OF
11
THE TANSEY FAMILY LIVING TRUST
12
13 Dated: LAW OFFICES OF STEPHEN M. FLYNN
14
15 By:
Attorney for Defendant/Cross-Complainant GATEWAY)
16 ” BUILDERS, INC. and Defendants JEFFREY LEDGER,
SHANNON L. LEDGER, KRISTIE M. KEITH and
17 MATTHEW WATSON
18 Dated: 4 7 7 - ar LAW OFFICE OF ANDREW MARTINEZ
19
20 By: JN ott
Attorney for Cross-Defendant/Cro$s-Complainant
21 GIOVANNI VILLAVICENCIO dba GIOVANNI
ELECTR
22
23 Dated: of 1) af LA ES OF TADD C. AIONA
24 }
25 By: 7
Kony Cross-Defendant/Cross-Complainant
26
GIOVANNI VILLAVICENCIO dba GIOVANNI .
27 ELECTRIC
28
<
5
STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER
02/08/2024
Dated: FOWLER LAW GROUP
joe
By:
Attorney for Defendant UNIVERSAL ALARM, INC.
2/7124
Dated: WOOD, SMITH, HENNING & BERMAN, LLP
Sow Pw
By:
Attorney for Defendants HARRISON WOODFIELD
ARCHITECTS, INC. and SARA WOODFIELD
Dated: 2/12/24 MOKRI VANIS & JONES, LLP
10
1 Craig S. J es
Attorneys for Deft jant/Cross-Complainant
12 GATEWAY BUILDERS, INC. and Defendants
JEFFREY LEDGER, SHANNON L. LEDGER,
13 KRISTIE M. KEITH and MATTHEW WATSON
14 I, HEREBY CONSENT TO THE ABOVE REFERENCE. I certify that I am aware of and will
comply with the applicable provisions of Canon 6 of the Code of Judicial Ethics and Rules of Court, Rule
15 3.924
16
17 Dated: B
‘ROBERT A. BELLAGAMBA, Special Master
18
19 IT IS SO ORDERED:
20
21
Dated:
JUDGE OF THE SUPERIOR COURT
23
24
25
26
27
28
6
STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER
1 Dated: FOWLER LAW GROUP
By:
Attorney for Defendant UNIVERSAL ALARM, INC.
Dated: WOOD, SMITH, HENNING & BERMAN, LLP
By:
Attorney for Defendants HARRISON WOODFIELD
ARCHITECTS, INC, and SARA WOODFIELD
Dated: MOKRI VANIS & JONES, LLP
10
1 Craig S. Jones
Attorneys for Defendant/Cross-Complainant
12 GATEWAY BUILDERS, INC. and Defendants
JEFFREY LEDGER
Preview
ROBERT A. BELLAGAMBA, SPECIAL MASTER CASTLE, DEKKER BELLAGAMBA 30 Oak Court Danville, CA 94526 (925) 552-1200 (925) 552-1201 Fax rbellagamba@dekkerlaw.com SUPERIOR COURT OF CALIFORNIA COUNTY OF SONOMA. FRANK TANSEY AND NANCY WATSON- ) Case No. SCV-273169 10 TANSEY, INDIVIDUALLY AND AS ) i TRUSTEES OF THE TANSEY FAMILY ) LIVING TRUST, ) PRE-TRIAL ORDER NO. 1 12 ) Plaintiffs, 13 ) RE: PLEADINGS, DISCOVERY, PRE-TRIAL) vs, SETTLEMENT MATTERS 14 15 GATEWAY BUILDERS, INC., ARTISAN PACIFIC BUILDERS INC., JEFFREY 16 LEDGER, SHANNON L. LEDGER, KRISTIE ) M. KEITH, MATTHEW WATSON, OLD ) 17 REPUBLIC SURETY COMPANY, WESTERN ) 18 SURETY COMPANY, and DOES | through 100, inclusive 19 Defendants. 20 AND RELATED CROSS-ACTIONS 21 22 Robert A. Bellagamba having been appointed Special Master pursuant to court order for certain 23 pre-trial matters including law and motion, discovery, discovery motions and settlement proceedings, a 24 teleconference of all counsel and the Special Master having been held on April 1, 2024 no party 25 objecting hereto, and for good cause appearing, 26 IT IS HEREBY ORDERED: 27 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) 1 1 Scope of Order, This Pre-Trial Order No. 1, as may be modified and supplemented by further orders of this Court or the Special Master, shall govern all further discovery and case management. All matters of any kind pertaining to discovery, case management and settlement matters, but excluding a hearing to enforce a settlement of this action pursuant to Section 664.6 or Section 664.7 of the Code of Civil Procedure or a hearing on the issue of good faith of settlement pursuant to Section 877.6 of the Code of Civil Procedure, shall be noticed to be heard before the Special Master, in accordance with California Code of Civil Procedure, the California Rules of Court, and Sonoma County Rules of Court, unless otherwise ordered. It is understood that the Special Master 10 intends to hear and rule on discovery and case management matters on a shortened time and on an i informal basis. Matters involving substantive legal issues shall be submitted to the Court upon proper 12 motion and notice. Recommended orders provided to the Court for approval shall be simultaneously 13 14 served upon counsel for all parties that remain in the litigation with service by fax and/or e-mail. 15 Recommended orders agreed to by the parties may be approved by the Court immediately upon 16 submittal by the Special Master. As to contested recommendations, any party that opposes the 17 recommended order shall file with the Court a statement of opposition, accompanied by points and 18 authorities in support thereof, within such time established by the Special Master or by stipulation, 19 but not less than that required by law( CCP 643c) Parties shall serve the statement of opposition and 20 21 supporting papers upon the Special Master and all counsel of record and shall also serve a courtesy 22 copy to the chambers of the assigned judge. Failure to timely file a statement of opposition shall be 23 deemed to be approval of the recommended order. 24 2 Pleadings. 25 (a) Deemed filed and served cross-complaint, Upon appearing in the action by filing a 26 27 Notice of Appearance or an Answer, with the exception of cross-complaints against design 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) 2 professionals for whom a certificate of merit is required under CCP Section 411.35, it shall be deemed that: (1) All allegations of the complaint or cross-complaint(s) are generally denied; (2) All defendants and cross-defendants are deemed to have filed and served against each defendant and cross-defendant a cross-complaint for implied indemnity, determination of comparative negligence, apportionment of fault and declaratory relief; and (3) All affirmative defenses listed in the attached Exhibit “B” are deemed asserted. 10 Any party wishing to opt out of this paragraph and who does not wish to be deemed to 1 have filed a cross-complaint may do so by service of written notice containing a statement of such intent 12 13 upon all counsel of record and the court. This section does not apply to actions against public entities 14 which are subject to the claim filing requirements of Government Code Section 900, ef seq. Further, 15 nothing in this Order shall affect the requirements for the filing of an attorney’s certificate of merit as 16 set forth in CCP Section 411.35. 17 (b) Other Cross-Complaints and Affirmative Defenses Any complaint or cross- 18 complaint(s) other than for implied indemnity, determination or comparative negligence, apportionment! 19 20 of fault or declaratory relief, and particularly raising express indemnity claims, and any answer raising 21 an affirmative defense not listed in Exhibit “B”, must be separately pled, filed and served. 22 (c) Dismissal of Complaint. Dismissal of the Complaint by Plaintiff as to any 23 defendant during pendency of the litigation shall not affect claims for indemnity deemed filed by Cross- 24 Complainants; however, any party intending to pursue such claims against that dismissed party shall, 25 within fifteen (15) days of receipt of such notice of dismissal, notify all parties in writing of such 26 27 intention. Absent notification, any party so dismissed may be removed from the service list. 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) 3 Additionally, each party hereby waives any claim for costs (as to parties who are asserting deemed cross-complaints pursuant to paragraph 4(a)) which may arise from the granting of a good faith settlement motion in its favor. (d) Naming Additional Plaintiffs. Absent good cause, by no later than sixty (60) days of the date of this Order, Plaintiff may name additional plaintiffs by filing an Amendment to Complaint without obtaining leave of court. No new Answer(s) or other responsive pleadings, Cross-Complaint(s) or Doe Amendment(s) are required to be filed and served in response to such Amendment to Complaint, and the previously filed Answer(s), Cross-Complaint(s) and/or Doe Amendment(s) shall 10 apply and operate in response to such Amendment to Complaint. 1 3 Stipulation To Special Master, Notice of Appearance and/or Answer, At the 12 option of a new party appearing in this action, a new party may file either an Answer or alternatively a 13 14 Written Notice of Appearance in Lieu of Answer with the Court and contemporaneously serve all 15 counsel of record and the Special Master as shown on the attached list. Such notice shall identify with 16 specificity each party which counsel purports to represent, and shall include the complete address and 17 fax number of counsel for the appearing party. 18 By filing a Notice of Appearance and/or Answer, a party thereby stipulates to the 19 appointment of the Special Master pursuant to the terms set forth in the Order of Reference 20 21 appended as Exhibit “A”, unless such filing is accompanied by an Opt Out Notice filed pursuant 22 to paragraph 4. 23 4. Opt-Out Provision. Any party may opt-out of the Special Master Process by filing a 24 Notice of Opting-Out of the Special Master Process filed contemporaneously with either a Notice of 25 Appearance and/or Answer. Parties that file such Notice shall not be governed by the procedures and 26 27 deadlines set forth by the Pre-Trial Orders submitted by the Special Master with the exception of any 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) 4 date set with the Court. The Special Master shall have no authority over parties that opt-out of the Special Master Process. Parties that opt-out shall not be on the service list of the Special Master and shall not bear any fees or costs incurred by the Special Master. A party that has opted-out, but wishes to] be on the service list of the Special Master for courtesy copies of faxes and/or e-mails, shall make the request to the Special Master, in writing, within ten (10) days of filing its’ Notice of Opting-Out. 5 Service of this Order, Each party serving the complaint or a cross-complaint on a new party to the action shall also contemporaneously serve a copy of the Order of Reference, any pre- trial orders that may have been issued, and a notice in bold face type that clearly sets forth the foregoing 10 provision regarding Stipulation to Special Master, (Exhibit “A”). i 6 Code Governs Where Silent. On any matter as to which this Order is silent, the 12 13 Code of Civil Procedure, the California Rules of Court, other applicable statutes and case law, and local 14 rules of court shall govern. 15 7 Stay on Discovery. All discovery among parties subject to this Order is stayed, 16 except for good cause demonstrated on application to the Special Master and as provided in this and any 17 future Pre-Trial Orders approved by the Special Master and the Court. This stay does not apply to 18 discovery requests to non-parties and to discovery otherwise provided for herein. Notwithstanding the 19 20 foregoing, the discovery stay shall list automatically 210 days before trial 21 8 Production of Documents, 22 @ A document depository shall be established at Compex Legal Services,1816 23 Tribute Road, Sacramento, Ca. 95815, phone 916 646-8620. The term "document" has the same 24 meaning as the term "writing" as defined in Evidence Code section 250, and is meant to be all inclusive. 25 26 (b) Within thirty (30) days of the date of this Order, or the filing of a Notice of 27 Appearance and/or Answer, whichever is later, each party shall produce all relevant, non-privileged 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) 5 documents in its possession, custody and/or under its control which respond to the description of documents set forth in Exhibit “C”. ©) The documents shall be produced to the document depository at the above address, together with a category index of the documents being produced. The category index of documents being produced shall be served on all parties in the case, together with a certificate of due diligence and a verification from the party as set forth in Code of Civil Procedure Section 2031.250 and declaring that a) the documents produced are true and correct copies; b) the documents submitted to the depository are a full and complete set of all non-privileged documents. 10 @ Ifno documents exist responsive to any category of documents specified in this I section, the party shall verify and file a declaration stating and signing under oath the following: (1) that 12 a diligent search and reasonable inquiry has been made in an effort to comply with this production 13 14 requirement; (2) whether the inability to comply is because the particular item or category has never 15 existed, has been destroyed, has been lost, misplaced, stolen or has never been, or is no longer in the 16 possession, custody or control of the responding party with a statement as to how the same has been 17 ascertained; and (3) the name and address of any natural person or organization known or believed by 18 that party to have possession, custody or control of that item or category of item and how the same is 19 20 believed or known. 21 © Each party shall be given a letter designation. Each document is to be Bates 22 stamped, numbered and given the appropriate letter designation. The designation will be the first three 23 letters of the parties name or last name if an individual. 24 @ All parties shall serve a list of plans, drawings and/or blueprints in its possession, 25 including identification of preparer, date, modification date if any, and whether such plan, drawing or 26 27 blueprint bears the stamp of approval of any public entity. 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) 6 @) Parties may review the documents at the depository during normal business hours. In the event copies are delivered to the depository, for reasonable cause, any party may request an opportunity to view and copy the originals of any document on deposit. After a reasonable attempt at informal resolution, any party may make a motion for an opportunity view and copy originals for good cause shown. (h) All parties are under a continuing obligation to deposit all non-privileged responsive documents discovered after the initial production. Such documents shall be deposited within twenty (20) calendar days of the party’s receipt or discovery of the additional documents. In the event 10 that a party subsequently discovers documents, that party shall follow the same procedure set forth in ll this Order. If is becomes necessary for any party to supplement its initial production, the party must 12 similarly file a Notice of Compliance which depicts the number of the deposit by that party (e.g. Second 13 14 Notice of Compliance; Third Notice of Compliance, etc.), in the format required by this Order and the 15 same shall specify the bates-numbered documents that were produced before and the bates-numbered 16 documents then being additionally produced. The requirements of this paragraph shall supersede 17 previously issued discovery requests for the same documents, and the responding party shall be 18 permitted to deposit documents in accordance with the requirements stated herein. 19 20 @) Problems or questions which arise concerning these procedures should be 2 addressed to the Special Master for his resolution. 22 @ The document depository is not responsible for locating documents, making 23 copies or providing paralegal assistance. Each party must make independent arrangements for the 24 review and copying of any records it wants from the depository. 25 Ml 26 27 Ml 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) 7 9 Insurance Interrogatories. (a) Within thirty (30) days of the date of this Order, or the filing of a Notice of Appearance and/or Answer, whichever is later, each party other than Plaintiff shall serve on all other parties, answers verified under oath pursuant to Code of Civil Procedure Section 2030.250, to the insurance interrogatories attached hereto as Exhibit "D". (b) All defendants and cross-defendants have an affirmative obligation to update, amend or supplement their insurance information upon learning of any change in carrier position or upon discovery of any additional insurance policies or information not previously disclosed. Any party 10 may apply to the Special Master for an order requiring another party to produce a copy of its insurance ll policies, 12 13 10. Scope of Work and General Background Interrogatories. Within thirty (30) days of 14 this Order, or the filing of a Notice of Appearance and/or Answer, whichever is later, each party, other 15 than Plaintiff, shall serve on all other parties, answers verified under oath pursuant to Code of Civil 16 Procedure Section 2030.250, to the Scope of Work Interrogatories, attached hereto as Exhibit "E". To 17 the extent a party is unable to provide a complete response to the Scope of Work Interrogatories 18 within the time noted, said party shall have a continuing obligation to provide information as it 19 becomes known, and shall issue a Supplemental Response to the Statement of Work Interrogatories. 20 21 11, Special Interrogatories to Plaintiff. Within thirty (30) calendar days of the 22 filing of this Order, plaintiff shall serve on all other parties, answers verified under oath pursuant to 23 Code of Civil Procedure section 2030.250, to the interrogatories attached as Exhibit “F”. 24 12. Privilege as to Discussions and Meetings. Pursuant to the Stipulation and Order of 25 Reference to Special Master, all communications, negotiations, and information exchanged by and 26 27 between the parties, their counsel or their consultants during meetings, site inspections or otherwise 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) 8 in the course of proceedings under the Special Master, with the exception of formal discovery, documents produced to the document depository, and answers to interrogatories contained in Exhibit "C", Exhibit "D", Exhibit “E” and Exhibit “F”, infra and with the exception of discovery to non- parties, is for settlement purposes and are confidential and are protected by the provisions of California Evidence Code Section 1152 and Chapter 2 Section 1115-1128. Said communications shall not be admissible in evidence or subject to discovery, and disclosure of such evidence shall not be compelled in this, or any other proceeding. The parties further agree and authorize the Special Master to provide reports, assessments, evaluations, recommendations and findings to the Court 10 regarding the discovery process and settlement posture of the parties in this case and for purposes of case management. 12 13. Plaintiff's Preliminary Statement of Claims, Defects and Damages. On or before 13 14 April 16, 2024, plaintiff shall serve upon counsel for all parties a detailed “Preliminary Statement of 15 Claims, Defects and Damages” specifying the claims and defects, together with a cost of repair, alleged 16 to exist at the subject property. This preliminary statement shall be subject to reasonable revisions 17 pending further discovery by Plaintiff as a result of destructive testing and Plaintiff's further 18 investigation. This report will be preliminary, not final, and Plaintiff shall not be limited at the time of 19 trial to the claims set forth therein. It is privileged work product. It cannot be used by the defense for 20 21 any purpose connected with discovery or trial and cannot be commented on if its content changes before 22 the deposition of the generator of the report. This Order extends to amended or supple’ ental reports 23 provided to the defense before expert discovery is open. Should it be determined that additional 24 information is needed, the Special Master will order supplemental reports to be prepared. Plaintiff is to 25 be reimbursed for the cost of reproduction of any reports being served with the Statement of Claims 26 27 document, but not for the cost of reproduction of the Statement of Claims document itself. 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) 9 14. Repairs by Plaintiff. Plaintiff shall provide seven (7) calendar days prior written notice to all counsel before performing any repairs at the subject properties, except that Plaintiff may perform emergency repairs, so long as written notice is given to all parties within twenty-four (24) hours after Plaintiffs counsel is made aware of such repairs. Plaintiff will make all best efforts to save any removed materials. Defendants will have access to such materials upon request. 15. Plaintiff's Destructive Testing, Plaintiff shall provide notice of the dates of all destructive testing to all counsel not less than 15 business working days. Such notice shall include the nature of the testing together with the locations and time for all testing and shall be provided to all 10 counsel not less than five days prior to each date, with subsequent updates of the location schedule to be M provided as necessary. Counsel and experts for each party in the case may attend to observe. 12 13 16. Defense Destructive Testing, All destructive testing will be completed on a schedule 14 to be set by the Special Master. All arrangements for destructive testing shall be made through counsel 15 for plaintiff. 16 17. Defense Response to Plaintiff’s Preliminary Statement of Claims. The defense 17 response to Plaintiff's Preliminary Statement of Claims shall be due on a date to be set by the Special 18 Master. The Defense Response to Plaintiff's Preliminary Statement of Claims is privileged work 19 20 product. It cannot be used by the Plaintiff for any purpose connected with discovery or trial and cannot 21 be commented on if its content changes before the deposition of the generator of the report. This Order 22 extends to amended or supplemental reports provided to the defense before expert discovery is open. 23 Should it be determined that additional information is needed, the Special Master will order 24 supplemental reports to be prepared. 25 18, Joint Expert Meeting. At the election of any of the parties or on a date set by the 26 Special Master, a meeting between party consultants/experts shall take place to discuss Plaintiff's 27 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) 10 Preliminary Statement of Claims, Defects and Damages, the Defense response thereto, or any other matter the consultants/experts wish to discuss. 19. Disclosure of Experts, On a date to be set by the Special Master, all parties shall file and serve upon all other parties, a statement disclosing the experts they may call at trial, pursuant to the requirements of California Code of Civil Procedure section 2034.210, et. Seq. 20. Exchange of Written Expert Reports and Files, On a date set by the Special Master, all parties contemplating the use of direct expert testimony shall serve all expert reports on all other parties in a manner to be determined by the Special Master and pursuant to CCP Section 10 2034.270. The term “report” includes, without limitation, all written summaries, compilations, i calculations, computations, findings, conclusions, opinions, recommendations, estimates, proposals, and| 12 13 any form of photographs, video, audio or graphic displays. Parties shall also produce all information 14 the expert has read, considered or relied upon, specific to this case, in preparing his report or findings. 15 21. Plaintiff’s Final Statement of Claims, Defects and Damages. On a date to be 16 determined in the future, plaintiff shall serve a “Final Statement of Claims, Defects and Damages”, 17 specifying the claims and defects, together with a cost of repair. The final Statement of Claims, Defects 18 and Damages shall be a discoverable document. Following submission of the final Statement of 19 20 Claims, Defects and Damages plaintiff may only add claims for additional defects upon a showing of 21 good cause. 22 22. Defendants’ Final Response to Plaintiff's Final Statement of Claims, Defects and 23 Damages. Following service of plaintiff's Final Statement of Claims, Defects and Damages which 24 includes a cost of repair, on a date to be determined, all defendants contemplating the use of expert 25 testimony at trial (whether such experts are retained or not) shall serve collectively or separately, 26 27 “Defendants’ Final Response to Plaintiffs Final Statement of Claims, Defects and Damages” , 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) MW specifying the claims and defects, together with a cost of repair. Defendants’ Final Response to Plaintiffs Final Statement of Claims, Defects and Damages shall be a discoverable document and may not be amended absent a showing of good cause. 23. Settlement Discussions, On a date to be determined by the Special Master, the Special Master will commence Mandatory Settlement Conferences, which shall continue from time to time thereafter at the discretion of the Special Master. All counsel, principals and insurance representatives where applicable shall be required to attend with authority for settlement. The parties’ consultants may be required to attend at the discretion of the Special Master. 10 24. Electronic and/or Fax Service. The parties to this action are to accept service of MW papers relating to this action by fax or email and agree to provide a fax number and/or email address. 12 Service by fax and email shall be pursuant to Code of Civil Procedure section 1013 (e)- (g) and 13 14 California Rules of Court Rules 2.306 and 2.251 which, provide among other provisions, that service 15 that occurs after 5:00PM is considered to have occurred on the next court day and that the time for 16 exercising any right or performing any duty to do an act or make a response is extended by two court 17 days. Faxed and emailed signatures shall be deemed to be the same as original signatures. 18 25. Special Master Fees. The Special Master’s fees will be billed from time to time 19 20 during the pendency of this action. Allocation of responsibility among the parties as to the payment of 21 these fees will be made by the Special Master and dealt with at the time of each billing. 22 26. Further Status Conferences.At such time as the Special Master may find it necessary, 23 all parties shall attend further status conferences before the Special Master. At such conferences, 24 counsel shall be prepared to discuss and agree upon discovery schedules, site inspections, early 25 settlement conferences, disclosure of experts, exchange of expert reports, depositions of experts, and 26 27 depositions of other witnesses. 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) 12 27. KF ‘urther Telephonic Status Conference. A teleconference of all parties and the Special Master shall be held on April 30, 2024 at 4:00 p.m. To access the teleconference, please dial 925 438-7225. ID# 789276. APPROVED AND RECOMMENDED: Dated: F ls Dead Sekear. (As Dib PO gop sole, ROBERT A. BELLAGAMBA, Speci Master IT IS SO ORDERED: Dated: 10 JUDGE OF THE SUPERIOR COURT ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) 13 EXHIBIT “A” STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER Attach a copy of the stipulation and Order of reference — 10 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRE-TRIAL ORDER NO. | (INDIVIDUAL HOMEOWNERS) 14 ELECTRONICALLY FILED Todd A. Jones (Bar No. 198024) Superior Court of California County of Sonoma tiones@mvyjllp.com 3/4/2024 8:00 AM Craig S. Jones (Bar No. 145451) Robert Oliver, Clerk of the Court cjones@mvjllp.com By: Griselda Zavala, Deputy Clerk MOKRI VANIS & JONES, LLP 3620 American River Drive, Suite 218 Sacramento, CA 95864 Telephone: 916.306.0434 Facsimile: 949.226.7150 Attorneys for Defendant/Cross-Complainant GATEWAY BUILDERS, INC. and Defendants JEFFREY LEDGER, SHANNON L. LEDGER, KRISTIE M. KEITH and MATTHEW WATSON SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SONOMA ll 12 FRANK TANSEY and NANCY WATSON- Case No.: SCV-273169 TANSEY, individually and as TRUSTEES OF 13 THE TANSEY FAMILY TRUST, STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER 14 Plaintiffs, 15 Vv. Complaint Filed: April 28, 2023 16 GATEWAY BUILDERS, INC., ARTISAN PACIFIC BUILDERS, INC., JEFFREY 17 LEDGER, SHANNON L. LEDGER, KRISTIE M. KEITH, MATTHEW WATSON, OLD 18 REPUBLIC SURETY COMPANY, WESTER SURETY COMPANY, and DOES w through 19 100, inclusive, 20 Defendants. 21 AND RELATED CROSS-ACTIONS. 22 23 The parties to this action, by and through their attorneys of record, hereby stipulate that Robert 24 A. Bellagamba, Esq. (SBN 56537) of the office of Castle, Dekker & Bellagamba,30 Oak Court, 25 Danville, CA (925 552 1200) shall be appointed as Special Master in this matter by agreement pursuant 26 to Code of Civil Procedure Section 638 and 187. 27 28 1 STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER The parties further stipulate that this case is complex pursuant to California Rules of Court, Rule 3.400 et seq. and Standard 3.10 ofthe Judicial Administration Standards, in that it involves a large number of parties and claims, and the trial of the action, if it occurs, is likely to be prolonged. The parties further stipulate that parties which have not yet appeared in the litigation may execute an addendum to this Stipulation so that parties already having executed this Stipulation need not re-execute the Stipulation. The duties and powers of the Special Master shall, be set forth herein. 1. The Special Master shall coordinate all discovery and all law and motion matters related to discovery. The Special Master may, among other things, hear and make recommendations upon discovery 10 matters, including but not limited to those that stay discovery, order production of documents to a ll depository, order disclosure of percipient and/or expert witnesses, form a discovery committee to 12 recommend and schedule depositions, control written discovery in his discretion, order site inspections and 13 destructive testing, and issue such other orders as deemed appropriate to orderly case management. 14 2. The Special Master shall convene mediations when he deems it appropriate and may, as a 15 function of holding such conferences, request the attendance of counsel, parties or representatives of parties 16 with full authority to settle, and/or consultants; meet with counsel and the parties or their representatives 17 together and/or separately; order site inspections and attendance by parties and their consultants and 18 experts; retain an independent court appointed expert; require counsel to provide statements pertaining to 19 legal and factual issues; refer special problems affecting settlement which require the assistance of the 20 Court to the supervising judge. The Special Master is being appointed as Mediator pursuant to CRC 21 3.891 (a)(2). 22 3. The Special Master may supervise, plan, coordinate and make recommendations concerning 23 procedural issues, including, but not limited to (a) the consolidation of related actions, (b) time limitations 24 and ground rules for filing and service of complaints, cross-complaints and responsive pleadings, (c) 25 assigning of the matter a trial date, and (d) the timing, briefing and scheduling of motions for summary 26 judgment, for the efficient management of the case. 27 4, The Special Master may appoint a lead defense representative who shall be responsible for 28 coordinating matters among the defense attorneys as they appear in the action. This coordination may 2 STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER include organizing and issuing joint defense responses, organizing requests for joint inspections and testing, or such other matters as the Special Master deems appropriate. 5. The Special Master shall periodically report the status of the matter to the supervising judge, together with such recommended orders relating to discovery and case management as well as other recommendations as may assist the court. Recommended orders provided to the court shall be served by the Special Master by fax, mail, e-mail or personal delivery upon all parties that remain in the litigation. Consistent with the foregoing, any recommended order provided to the court shall be served but not immediately filed with the court. Within the time set by stipulation of the parties, or by the Special Master, but not less than that required by law, any party that opposes the recommendation shall file a statement of 10 opposition together with points and authorities in support thereof with the Court, with a courtesy copy to thd ll chambers of the assigned judge, and serve such a statement of opposition and points and authorities on the 12 Special Master and all counsel of record. Failure to file a statement of opposition shall be deemed to be 13 acquiescence in the recommended order. Absent opposition within the time constraints imposed the 14 recommended order shall be forwarded to the court as a stipulated order. 15 6. Dispositive or substantive law and motion matters, such as demurrers, motions to strike, motions 16 for summary judgment, and hearings on the issue of good faith settlement pursuant to Section 877.6 of the 17 Code of Civil Procedure as well as motions brought pursuant to CCP Section 664.6 shall not be heard by 18 the Special Master. 19 7. The Special Master may recommend sanctions for the failure of any person, party, counsel or 20 representative of a party to cooperate with the Special Master, or as appropriate under provisions of any 21 applicable statute or rule of court. 22 8. The fees of Robert A Bellagamba, Esq., Special Master shall be billed at $650.00 per hour plus 23 costs. The fees and costs will be apportioned equitably among the parties based on a number of factors 24 including but not limited to, the nature of services provided, the parties benefiting from those services and 25 the number of the parties in the case at the time services are provided. The Special Master’s fees and costs 26 shall be subject to review by the Court upon request of any party or the Special Master. The Court shall 27 retain jurisdiction after dismissal of the action to hear any motion related to apportionment or nonpayment 28 of the fees and costs of the Special Master. Any party who appears in the case after this Stipulation is filed 3 STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER and any party who settled out of the case before it is completely resolved shall notify the Special Master in writing of those dates. Each party will be responsible for its share of the Special Master’s fees and costs during its involvement in the case. 9. This Stipulation may be signed in counterpart and facsimile copies of signatures can be attached to this Stipulation and have the same force and effect as though original signatures were attached hereto. IT IS FURTHER AGREED by and between each of the parties to this stipulation that all communications and negotiations related to settlement by and between counsel and parties to this action shall be confidential; and that anything said or of any admission made by attorneys, parties principals, consultants or others in the course of the settlement discussions, and any document prepared for the purpose| 10 of, or in the course of, or pursuant to, the settlement process are deemed confidential communications, and 11 shall not be admissible in evidence or subject to discovery, and disclosure of such evidence shall not be 12 compelled in this, or any other proceeding; provided however that said confidentiality is waived for the 13 purposes of any motion to enter judgment pursuant to the terms of a settlement under Code of Civil 14 Procedure Section 664.6 or Section 664.7. Nothing herein contained shall be deemed to constitute a court 15 order for the sealing of any materials filed with the Court or Special Master absent a hearing and the 16 findings required by California Rule of Court 2.550. 17 By signing the consent to serve, the Special Master represents that he has not had any significant 18 personal relationship with a party, attorney or law firm in the instant case but that he may have had a 19 professional relationship with one of the parties, attorneys or law firms, including within the past 24 20 months, acted as Special Master, mediator, arbitrator or other neutral dispute resolution provider in similar 21 matters involving some of the attorneys, parties, insurance companies and/or experts involved in this action, 22 and has been compensated therefore, and that he is aware of no matter that requires disclosure under 23 subdivisions (D)(3)(a)(iii) and D(5)(a) of Canon 6 of the Code of Judicial Ethics. 24 The stipulating parties hereby waive any further or more detailed disclosure requirements under 25 California Rules of Court, Rules 3.850-3.860 and 3.904(b)(2) which provides in pertinent parts for 26 disclosure as follows: 27 28 4 STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER "Any significant personal or professional relationship the referee has or has had with a party, attorney, or law firm in the current case, including the number and nature of any proceedings in the past 24 months in which the referee has been privately compensated by a party, attorney, law firm or insurance company in the current case for any services. The disclosure must include privately compensated services as to attorney, expert witness, or consultant or as a judge, referee, arbitrator, mediator, settlement facilitator, or other alternative dispute resolution neutral." IT IS SO STIPULATED: Dated: MURPHY, LOGAN & ROADES-BROWN, LLP By: 10 Attorney for Plaintiffs FRANK TANSEY and NANCY 1 WATSON-TANSEY, individual and as TRUSTEES OF THE TANSEY FAMILY LIVING TRUST 12 13 Dated: __ Feb. 7, 2024 LAW OFFICES OF STEPHEN M. FLYNN a 14 15 By: 4 e = Li fy 7 “TY Attorney for efendant/Cross-Complainant GATEWAY 16 BUILDERS, INC. and Defendants JEFFREY LEDGER, SHANNON L. LEDGER, KRISTIE M. KEITH and 17 MATTHEW WATSON 18 LAW OFFICE OF ANDRE MARTINEZ Dated: 19 20 By: Attorney for Cross-Defendant/Cross-Complainant 21 GIOVANNI VILLAVICENCIO dba GIOVANNI ELECTRIC 22 23 Dated: LAW OFFICES OF TADD C. AIONA 24 25 By: Attorney for Cross-Defendant/Cross-Complainant 26 GIOVANNI VILLAVICENCIO dba GIOVANNI . 27 ELECTRIC 28 5 STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER “Any significant personal or professional relationship the referee has or has had with a party, attorney, or law firm in the current case, including the number and nature of any proceedings in the past 24 months in which the referee has been privately compensated by a party, attorney, law firm or insurance company in the current case for any services. The disclosure must include privately compensated services as to attorney, expert witness, or consultant or as a judge, referee, arbitrator, mediator, settlement facilitator, or other alternative dispute resolution neutral." IT IS SO STIPULATED: Dated; February 7, 2024 MURPHY, LOGAN & ROADES-BROWN, LLP By: C( 10 Attorney for Plaintiffs FRANK TANSEY and NANCY WATSON-TANSEY, individual and as TRUSTEES OF 11 THE TANSEY FAMILY LIVING TRUST 12 13 Dated: LAW OFFICES OF STEPHEN M. FLYNN 14 15 By: Attorney for Defendant/Cross-Complainant GATEWAY) 16 ” BUILDERS, INC. and Defendants JEFFREY LEDGER, SHANNON L. LEDGER, KRISTIE M. KEITH and 17 MATTHEW WATSON 18 Dated: 4 7 7 - ar LAW OFFICE OF ANDREW MARTINEZ 19 20 By: JN ott Attorney for Cross-Defendant/Cro$s-Complainant 21 GIOVANNI VILLAVICENCIO dba GIOVANNI ELECTR 22 23 Dated: of 1) af LA ES OF TADD C. AIONA 24 } 25 By: 7 Kony Cross-Defendant/Cross-Complainant 26 GIOVANNI VILLAVICENCIO dba GIOVANNI . 27 ELECTRIC 28 < 5 STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER 02/08/2024 Dated: FOWLER LAW GROUP joe By: Attorney for Defendant UNIVERSAL ALARM, INC. 2/7124 Dated: WOOD, SMITH, HENNING & BERMAN, LLP Sow Pw By: Attorney for Defendants HARRISON WOODFIELD ARCHITECTS, INC. and SARA WOODFIELD Dated: 2/12/24 MOKRI VANIS & JONES, LLP 10 1 Craig S. J es Attorneys for Deft jant/Cross-Complainant 12 GATEWAY BUILDERS, INC. and Defendants JEFFREY LEDGER, SHANNON L. LEDGER, 13 KRISTIE M. KEITH and MATTHEW WATSON 14 I, HEREBY CONSENT TO THE ABOVE REFERENCE. I certify that I am aware of and will comply with the applicable provisions of Canon 6 of the Code of Judicial Ethics and Rules of Court, Rule 15 3.924 16 17 Dated: B ‘ROBERT A. BELLAGAMBA, Special Master 18 19 IT IS SO ORDERED: 20 21 Dated: JUDGE OF THE SUPERIOR COURT 23 24 25 26 27 28 6 STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER 1 Dated: FOWLER LAW GROUP By: Attorney for Defendant UNIVERSAL ALARM, INC. Dated: WOOD, SMITH, HENNING & BERMAN, LLP By: Attorney for Defendants HARRISON WOODFIELD ARCHITECTS, INC, and SARA WOODFIELD Dated: MOKRI VANIS & JONES, LLP 10 1 Craig S. Jones Attorneys for Defendant/Cross-Complainant 12 GATEWAY BUILDERS, INC. and Defendants JEFFREY LEDGER