Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Scott E. Jenny, Esq. 16611
Jenny & Jenny, LLP
736 Ferry Street
Martinez, CA 94553
TetepHoneno: (925) 228-1265 FAXNO(Optiona): (925) 228-2841
E-MAIL ADDRESS (Optiona): SETLawOffice@cs.com
ATTORNEY FOR (Name); D. Be II Restaurants, Inc.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
STREET ADDRESS: 191 North First Street
MAILING ADDRESS:
CITY AND ZIP CODE: San Jose, CA 95113
BRANCH NAME: Superior Court Unlimited Jurisdiction
PLAINTIFF/PETITIONER: City of Santa Clara
DEFENDANT/RESPONDENT: D.E. II Restaurants, Inc.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [X] UNLIMITED CASE C2 uimited case 19CV340508
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 6/19/2020 Time: 10:00am Dept.: 19 Div.: Room:
Address of court (if different from the address above):
[KX] Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a [Z) This statement is submitted by party (name): Defendant, D.E. II Restaurants, Inc.
b. [J This statement is submitted jointly by parties (names):
Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date):
b. {X] The cross-complaint, if any, was filed on (date): 04/10/19
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. (2) The following parties named in the complaint or cross-complaint
(1) (have not been served (specify names and explain why not):
(2) (2) have been served but have not appeared and have not been dismissed (specify names):
(3) (2) have had a default entered against them (specify names):
c. (2) The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
Description of case
a Type of case in [K) compiaint (X) cross-complaint (Describe, including causes of action):
Complaint: Eminent Domain
Cross-Complaint: Inverse Condemnation and Pre-Condemnation Damages
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of California
(CM-110 (Rev. July1, 2011) CB || Essential
|Zzl Forms"
ules 3.720-3,730
www.courts.ca.gov
David's Restaurant
CM-110
PLAINTIFF/PETITIONER:City of Santa Clara CASE NUMBER:
19CV340508
DEFENDANT/RESPONDENT: D.E. II Restaurants, Inc.
4. b. Provide a brief statement of the case, including any damages. (/f 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
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
The City is condemning defendant's leasehold interest in subject
property. Defendant filed a cross-complaint for inverse
Condemnation and pre-condemnation damages.
(2) (if more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request CK) a jury trial (2) a nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
Trial date
a (XK) The trial has been set for (date): 9/14/2020
b. (CJ 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):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a [&) days (specify number): 5-7
b. (2) hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [X) by the attorney or party listed in the caption (2) by the following:
a Attorney:
b Firm:
c. Address:
d Telephone number: f. Fax number:
e. E-mail address: g Party represented:
a Additional representation is described in Attachment 8.
Preference
[K) This case is entitled to preference (specify code section: CCP Section 1260.010
10. Alternative dispute resolution (ADR)
a ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel (kD has (2) 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 (1 has not reviewed the ADR information package identified in rule 3.221.
Referral to judicial arbitration or civil action mediation (if available).
(1) (J This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
2) CC) 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) (XJ 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):
M-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page
2 of 5
CB
ceb.com
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| nitial
rms" David's Restaurant
CM-110
PLAINTIFF/PETITIONER:City of Santa Clara CASE NUMBER:
19CV340508
DEFENDANT/RESPONDENT: D.E. II Restaurants, Inc.
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): stipulation):
[(X) Mediation session not yet scheduled
(CI Mediation session scheduled for (date):
(1) Mediation
(CD Agreed to complete mediation by (date):
(2) Mediation completed on (date):
[K) Settlement conference not yet scheduled
(2) Settlement (Cy Settlement conference scheduled for (date):
conference
(2) Agreed to complete settlement conference by (date):
{) Settlement conference completed on (date):
() Neutral evaluation not yet scheduled
(2) Neutral evaluation scheduled for (date):
(3) Neutral evaluation
(C) Agreed to complete neutral evaluation by (date):
(2) Neutral evaluation completed on (date):
(CJ Judicial arbitration not yet scheduled
(4) Nonbinding judicial (C) Judicial arbitration scheduled for (date):
arbitration
(] Agreed to complete judicial arbitration by (date):
(2) Judicial arbitration completed on (date):
(C) Private arbitration not yet scheduled
(5) Binding private (CC) Private arbitration scheduled for (date):
arbitration
(Cd Agreed to complete private arbitration by (date):
(C1 Private arbitration completed on (date):
[2] ADR session not yet scheduled
(6) Other (specify): (CV ADR session scheduled for (date):
(2) Agreed to complete ADR session by (date)
() ADR completed on (date):
CM-110 [Rev. July
1, 2014] CASE MANAGEMENT STATEMENT Page 3 of 5
CciB Essential
‘orms"
David's Restaurant
CM-110
PLAINTIFF/PETITIONER:City of Santa Clara CASE NUMBER:
19CV340508
DEFENDANT/RESPONDENT: D.E. II Restaurants, Inc.
11. Insurance
a. (CJ Insurance carrier, if any, for party filing this statement (name):
b Reservation of rights: Cl Yes CQ No
¢. [2] 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.
(CQ Bankruptcy [C) Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. (C) There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
(CC) Additional cases are described in Attachment 13a.
b. [LJ Amotion to (2) consolidate () coordinate will 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
(CD The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. (C) The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Descriptio! Date
Defendant Exchange of Valuation Data per code
Defendant Exchange of Expert Witnesses per code
c. (C) The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev July 1, 2011] CASE MANAGEMENT STATEMENT Page
4 of 5
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2\Forms" David's Restaurant
CM-110
PLAINTIFF/PETITIONER: City of Santa Clara CASE NUMBER:
19CV340508
DEFENDANT/RESPONDENT: D.E. II Restaurants, Inc.
17. Economic litigation
a (2) This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. (2) 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
(J The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): Defendant has opposed the Motion for Bifurcation and
awaits the Court's decision.
Defendant does not agree to a continuance of the value
trial until April 2021.
19. Meet and confer
a. [(&] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of
Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
| 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: 6/17/2020
cott E Jenny
(TYPE OR PRINT NAME)
> Nos —
(SIGNATURE OF PARTY OR ATTORNEY)
>
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
CC) Additional signatures are attached.
CM-110 [Rev. July 4, 2014], CASE MANAGEMENT STATEMENT Page
5 of 5
CB | Essential
cebscom | 5= Forms
David's Restaurant
PROOF OF SERVICE — C.C.P. 1013a, 2015.5
I declare:
Iam employed in the City of Martinez, Contra Costa County, State of California. Iam
over the age of 18 years and not a party to the within action. My business address is 736 Ferry
Street, Martinez, California 94553.
On June 17, 2020 I served the foregoing document described as: CASE
MANAGEMENT CONFERENCE STATEMENT on all interested parties in this action by
placing a true copy thereof in a sealed envelope addressed as follows:
F. Gale Connor
Miller Starr Regalia
10
351 California Street, Suite 1110
1 San Francisco, CA 94104
Telephone: (415) 638-4800
12 Facsimile: (415) 371-1012
13
gale.connor@msrlegal.com
14
15 (BY MAIL) I am readily familiar with the practice of this firm for the collection
16 and processing of correspondence for mailing with the United States Postal
Service and such envelope was placed for collection and mailing on the above
17 date according to the ordinary practice of Jenny & Jenny.
18 (BY ELECTRONIC MAIL) I had such document delivered via email as to the
19 addressee above.
20 I declare under penalty of perjury under the laws of the State of California that the
21 foregoing is true and correct, and that this declaration was executed on June 17, 2020 at
22 Martinez, California. |—
23
Richard K. Jenny
24
25
26
27
28
ie
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Scott E. Jenny, Esq. 16611 Jenny & Jenny, LLP 736 Ferry Street Martinez, CA 94553 TetepHoneno: (925) 228-1265 FAXNO(Optiona): (925) 228-2841 E-MAIL ADDRESS (Optiona): SETLawOffice@cs.com ATTORNEY FOR (Name); D. Be II Restaurants, Inc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: Superior Court Unlimited Jurisdiction PLAINTIFF/PETITIONER: City of Santa Clara DEFENDANT/RESPONDENT: D.E. II Restaurants, Inc. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [X] UNLIMITED CASE C2 uimited case 19CV340508 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 6/19/2020 Time: 10:00am Dept.: 19 Div.: Room: Address of court (if different from the address above): [KX] Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a [Z) This statement is submitted by party (name): Defendant, D.E. II Restaurants, Inc. b. [J This statement is submitted jointly by parties (names): Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date): b. {X] The cross-complaint, if any, was filed on (date): 04/10/19 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. (2) The following parties named in the complaint or cross-complaint (1) (have not been served (specify names and explain why not): (2) (2) have been served but have not appeared and have not been dismissed (specify names): (3) (2) have had a default entered against them (specify names): c. (2) The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): Description of case a Type of case in [K) compiaint (X) cross-complaint (Describe, including causes of action): Complaint: Eminent Domain Cross-Complaint: Inverse Condemnation and Pre-Condemnation Damages Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California (CM-110 (Rev. July1, 2011) CB || Essential |Zzl Forms" ules 3.720-3,730 www.courts.ca.gov David's Restaurant CM-110 PLAINTIFF/PETITIONER:City of Santa Clara CASE NUMBER: 19CV340508 DEFENDANT/RESPONDENT: D.E. II Restaurants, Inc. 4. b. Provide a brief statement of the case, including any damages. (/f 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 eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) The City is condemning defendant's leasehold interest in subject property. Defendant filed a cross-complaint for inverse Condemnation and pre-condemnation damages. (2) (if more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request CK) a jury trial (2) a nonjury trial. (if more than one party, provide the name of each party requesting a jury trial): Trial date a (XK) The trial has been set for (date): 9/14/2020 b. (CJ 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): Estimated length of trial The party or parties estimate that the trial will take (check one): a [&) days (specify number): 5-7 b. (2) hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [X) by the attorney or party listed in the caption (2) by the following: a Attorney: b Firm: c. Address: d Telephone number: f. Fax number: e. E-mail address: g Party represented: a Additional representation is described in Attachment 8. Preference [K) This case is entitled to preference (specify code section: CCP Section 1260.010 10. Alternative dispute resolution (ADR) a ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel (kD has (2) 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 (1 has not reviewed the ADR information package identified in rule 3.221. Referral to judicial arbitration or civil action mediation (if available). (1) (J This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. 2) CC) 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) (XJ 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): M-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CB ceb.com Esser | nitial rms" David's Restaurant CM-110 PLAINTIFF/PETITIONER:City of Santa Clara CASE NUMBER: 19CV340508 DEFENDANT/RESPONDENT: D.E. II Restaurants, Inc. 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): [(X) Mediation session not yet scheduled (CI Mediation session scheduled for (date): (1) Mediation (CD Agreed to complete mediation by (date): (2) Mediation completed on (date): [K) Settlement conference not yet scheduled (2) Settlement (Cy Settlement conference scheduled for (date): conference (2) Agreed to complete settlement conference by (date): {) Settlement conference completed on (date): () Neutral evaluation not yet scheduled (2) Neutral evaluation scheduled for (date): (3) Neutral evaluation (C) Agreed to complete neutral evaluation by (date): (2) Neutral evaluation completed on (date): (CJ Judicial arbitration not yet scheduled (4) Nonbinding judicial (C) Judicial arbitration scheduled for (date): arbitration (] Agreed to complete judicial arbitration by (date): (2) Judicial arbitration completed on (date): (C) Private arbitration not yet scheduled (5) Binding private (CC) Private arbitration scheduled for (date): arbitration (Cd Agreed to complete private arbitration by (date): (C1 Private arbitration completed on (date): [2] ADR session not yet scheduled (6) Other (specify): (CV ADR session scheduled for (date): (2) Agreed to complete ADR session by (date) () ADR completed on (date): CM-110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 3 of 5 CciB Essential ‘orms" David's Restaurant CM-110 PLAINTIFF/PETITIONER:City of Santa Clara CASE NUMBER: 19CV340508 DEFENDANT/RESPONDENT: D.E. II Restaurants, Inc. 11. Insurance a. (CJ Insurance carrier, if any, for party filing this statement (name): b Reservation of rights: Cl Yes CQ No ¢. [2] 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. (CQ Bankruptcy [C) Other (specify): Status: 13. Related cases, consolidation, and coordination a. (C) There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: (CC) Additional cases are described in Attachment 13a. b. [LJ Amotion to (2) consolidate () coordinate will 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 (CD The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. (C) The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptio! Date Defendant Exchange of Valuation Data per code Defendant Exchange of Expert Witnesses per code c. (C) The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 oS Essential 2\Forms" David's Restaurant CM-110 PLAINTIFF/PETITIONER: City of Santa Clara CASE NUMBER: 19CV340508 DEFENDANT/RESPONDENT: D.E. II Restaurants, Inc. 17. Economic litigation a (2) This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. (2) 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 (J The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Defendant has opposed the Motion for Bifurcation and awaits the Court's decision. Defendant does not agree to a continuance of the value trial until April 2021. 19. Meet and confer a. [(&] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): | 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: 6/17/2020 cott E Jenny (TYPE OR PRINT NAME) > Nos — (SIGNATURE OF PARTY OR ATTORNEY) > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) CC) Additional signatures are attached. CM-110 [Rev. July 4, 2014], CASE MANAGEMENT STATEMENT Page 5 of 5 CB | Essential cebscom | 5= Forms David's Restaurant PROOF OF SERVICE — C.C.P. 1013a, 2015.5 I declare: Iam employed in the City of Martinez, Contra Costa County, State of California. Iam over the age of 18 years and not a party to the within action. My business address is 736 Ferry Street, Martinez, California 94553. On June 17, 2020 I served the foregoing document described as: CASE MANAGEMENT CONFERENCE STATEMENT on all interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: F. Gale Connor Miller Starr Regalia 10 351 California Street, Suite 1110 1 San Francisco, CA 94104 Telephone: (415) 638-4800 12 Facsimile: (415) 371-1012 13 gale.connor@msrlegal.com 14 15 (BY MAIL) I am readily familiar with the practice of this firm for the collection 16 and processing of correspondence for mailing with the United States Postal Service and such envelope was placed for collection and mailing on the above 17 date according to the ordinary practice of Jenny & Jenny. 18 (BY ELECTRONIC MAIL) I had such document delivered via email as to the 19 addressee above. 20 I declare under penalty of perjury under the laws of the State of California that the 21 foregoing is true and correct, and that this declaration was executed on June 17, 2020 at 22 Martinez, California. |— 23 Richard K. Jenny 24 25 26 27 28 ie