Preview
CM-110
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address) 3.4930) FOR COURT USE ONLY
Jonathan M. Bowne
LAST & FAORO
520 S. El Camino Real, #430 San Mateo, CA 94402
TELEPHONE NO: 650-696-8350 FAX NO (Optional)
E-MAIL ADDRESS (Optiona): |Mbowne@lf-lawyers.com
ATTORNEY FOR (Name) Ecological Concerns, Incorporated
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
street aporess: 191 North First Street
MAILING ADDRESS:
ciTy AND zIP CODE’ San Jose 95113
BRANCH NAME.
PLAINTIFF/PETITIONER: Ecological Concerns, Incorporated
DEFENDANT/RESPONDENT: Proven Management, Inc., et al
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one): [1 unuimitep case C2 umitep case 17 CV 321092
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: April 17, 2018 Time: 3:00 p.m. Dept.: 19 Div. Room
Address of court (if different from the address above).
[4] Notice of Intent to Appear by Telephone, by (name): Jonathan M. Bowne
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
a or parties (answer one):
This statement is submitted by party (name): Ecological Concerns, Incorporated
a [1 This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): December 27, 2017
b. [1] The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a CJ 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) [1 have not been served (specify names and explain why not).
(2) (21 have been served but have not appeared and have not been dismissed (specify names):
Proven has not appeared, per agreement of the parties, but will appear prior to this CMC
(3) [1 have had a default entered against them (specify names):
c. [-] The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Description of case
a. Type of case in complaint Ho cross-complaint (Describe, including causes of action).
Construction: Breach of Contract, Quantum Meriut, Prompt Payment Penalties; Claim on Payment Bond, Claim
on Stop Payment Notice; Claim on Contractors License Bond; Declaratory Relief
Page tof 6
Adopied fo Mandatory Uso
“Teed ‘Council of CASE MANAGEMENT STATEMENT Cal, Rules of Court,
CMSH10 Row duly1 2011) ules 3720-3 730
www. courts.ca gov
CM-110
PLAINTIFF/PETITIONER: Ecological Concerns, Incorporated ‘CASE NUMBER
17 CV 321092
DEFENDANT/RESPONDENT: Proven Management, Inc., et al.
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff was subcontractor to defendant Proven on a public works project where Proven was prime contractor.
Proven abandoned the project and otherwise prevented plaintiff from completing work as provided for in the
subcontract. Completing work now would require dramatically increased time and costs, not contemplated by the
subcontract. Plaintiff seeks lost profits, and a declaration regarding the parties subcontract rights and duties.
[1 (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 a jury trial Coa Nnonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. [1] The trial has been set for (date):
b. [1 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. [Z] days (specify number): 5-7 days
b. [J hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [Y] by the attorney or party listed in the caption [) by the following:
a Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
[1 Additional representation is described in Attachment 8.
9. Preference
[J This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [21 has [71 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 [5 has [1 has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
a) Co This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
@Co 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.
@W This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Amount in controversy
‘CM-110 Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page
2 of &
CM-110
PLAINTIFF/PETITIONER: Ecological Concerns, Incorporated [CASE NUMBER:
17 CV 321092
DEFENDANT/RESPONDENT: Proven Management, Inc., et al.
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):
a Mediation session not yet scheduled
wa Co Mediation session scheduled for (date):
(1) Mediation
Co Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbi tion
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July1, 2014], Page
3 of 5
CASE MANAGEMENT STATEMENT
CM-110,
PLAINTIFF/PETITIONER: Ecological Concerns, Incorporated CASE NUMBER:
17 CV 321092
DEFENDANT/RESPONDENT: Proven Management, Inc., et al.
11. Insurance
a. [1 Insurance carrier, if any, for party filing this statement (name):
b. Reservation
of rights: [7_] Yes No
. [= 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.
[1 Bankruptcy [] other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [__] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[1 Additional cases are described in Attachment 13a.
b. [1 Amotion to [[ consolidate [5 coordinate will be filed by (name party):
14. Bifurcation
[J 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
[4 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. (_] The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Descriptior Date
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
CM-110
PLAINTIFF/PETITIONER’ Ecological Concems, Incorporated ‘CASE NUMBER
17 CV 321092
DEFENDANT/RESPONDENT. Proven Management. Inc., et al.
17. Economic litigation
a, ((_] This is a limited civil case (ie,, the amount demanded Is $25,000 or fess) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b, (] This is a limited civil case and a motion to withdraw the case from the economic Iitigation 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
[5 the party or parties request that the following additional matters be considered or determined at the case management
conference (specify).
19 Meet and confer
The party or parties have met and conferred with all parties on all subjects required by rule 3 724 of the Califomia 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): 0
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and altemative dispute resolution,
as weil as other issues raised by this statement, and will possess the authority to enteri Stipulations on these issues at the time of
the case mariagement conference, including the written authority of the party where, red,
Date: April 2, 2018
Jonathan M, Bowne, attomey for plaintiff
(TYPE OR PRINT NAMED (SIGNATURE OF PARTY OR ATTORNEY)
{TYPE OR PRINT NAME)
b (SIGNATURE OF PARTY OR ATTORNEY)
(J Additional signatures are attached.
CM-110 [Rev July1 2011) CASE MANAGEMENT STATEMENT Page
8 ot &
PR F OF SERVICE
I, the undersigned, declare that I am employed in the City and County of San Mateo,
California. I am over the age of eighteen years and not a party to the within action. My business address
is 520 S. El Camino Real, Ste 430, San Mateo, California 94402.
On the indicated below, I served the within document(s), entitled:
CASE MANAGEMENT STATEMENT
on each party(ies) addressed as follows:
XXXX
0 BY MAIL: by placing a true copy of each document listed above in a sealed envelope
addressed to the parties listed above and depositing it with the U.S. Postal Service on the date
shown below.
10
11
0 BY HAND: I caused each such envelope to be delivered by hand to the addressee(s) listed
above via same day messenger service.
12 BY E-MAIL: I caused a true copy to be transmitted via e-mail to the addressee(s) listed above
at the e-mail noted after the party’s address.
13
BY OVERNIGHT DELIVERY: by delivering each document to an authorized courier
14 authorized by the express service carrier to receive documents in an envelope designated by
the express service carrier with delivery fees prepaid or provided for and addressed as above-
15 shown.
16 0 BY FACSIMILE: I caused a true copy to be transmitted via facsimile to the addressee(s)
listed above at the Fax number noted after the party’s address.
17
I declare under penalty of perjury under the laws of the State of California that the foregoing
18 is true and correct.
19 Executed on April 2, 2018.
20
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Proof of Service
Preview
CM-110 ‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address) 3.4930) FOR COURT USE ONLY Jonathan M. Bowne LAST & FAORO 520 S. El Camino Real, #430 San Mateo, CA 94402 TELEPHONE NO: 650-696-8350 FAX NO (Optional) E-MAIL ADDRESS (Optiona): |Mbowne@lf-lawyers.com ATTORNEY FOR (Name) Ecological Concerns, Incorporated SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara street aporess: 191 North First Street MAILING ADDRESS: ciTy AND zIP CODE’ San Jose 95113 BRANCH NAME. PLAINTIFF/PETITIONER: Ecological Concerns, Incorporated DEFENDANT/RESPONDENT: Proven Management, Inc., et al CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): [1 unuimitep case C2 umitep case 17 CV 321092 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 17, 2018 Time: 3:00 p.m. Dept.: 19 Div. Room Address of court (if different from the address above). [4] Notice of Intent to Appear by Telephone, by (name): Jonathan M. Bowne INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. a or parties (answer one): This statement is submitted by party (name): Ecological Concerns, Incorporated a [1 This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): December 27, 2017 b. [1] The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a CJ 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) [1 have not been served (specify names and explain why not). (2) (21 have been served but have not appeared and have not been dismissed (specify names): Proven has not appeared, per agreement of the parties, but will appear prior to this CMC (3) [1 have had a default entered against them (specify names): c. [-] The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): Description of case a. Type of case in complaint Ho cross-complaint (Describe, including causes of action). Construction: Breach of Contract, Quantum Meriut, Prompt Payment Penalties; Claim on Payment Bond, Claim on Stop Payment Notice; Claim on Contractors License Bond; Declaratory Relief Page tof 6 Adopied fo Mandatory Uso “Teed ‘Council of CASE MANAGEMENT STATEMENT Cal, Rules of Court, CMSH10 Row duly1 2011) ules 3720-3 730 www. courts.ca gov CM-110 PLAINTIFF/PETITIONER: Ecological Concerns, Incorporated ‘CASE NUMBER 17 CV 321092 DEFENDANT/RESPONDENT: Proven Management, Inc., et al. 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Plaintiff was subcontractor to defendant Proven on a public works project where Proven was prime contractor. Proven abandoned the project and otherwise prevented plaintiff from completing work as provided for in the subcontract. Completing work now would require dramatically increased time and costs, not contemplated by the subcontract. Plaintiff seeks lost profits, and a declaration regarding the parties subcontract rights and duties. [1 (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 a jury trial Coa Nnonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. [1] The trial has been set for (date): b. [1 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. [Z] days (specify number): 5-7 days b. [J hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [Y] by the attorney or party listed in the caption [) by the following: a Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: [1 Additional representation is described in Attachment 8. 9. Preference [J This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [21 has [71 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 [5 has [1 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). a) Co This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. @Co 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. @W This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Amount in controversy ‘CM-110 Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of & CM-110 PLAINTIFF/PETITIONER: Ecological Concerns, Incorporated [CASE NUMBER: 17 CV 321092 DEFENDANT/RESPONDENT: Proven Management, Inc., et al. 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): a Mediation session not yet scheduled wa Co Mediation session scheduled for (date): (1) Mediation Co Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbi tion Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July1, 2014], Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110, PLAINTIFF/PETITIONER: Ecological Concerns, Incorporated CASE NUMBER: 17 CV 321092 DEFENDANT/RESPONDENT: Proven Management, Inc., et al. 11. Insurance a. [1 Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [7_] Yes No . [= 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. [1 Bankruptcy [] other (specify): Status: 13. Related cases, consolidation, and coordination a. [__] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [1 Additional cases are described in Attachment 13a. b. [1 Amotion to [[ consolidate [5 coordinate will be filed by (name party): 14. Bifurcation [J 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 [4 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. (_] The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptior Date 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 CM-110 PLAINTIFF/PETITIONER’ Ecological Concems, Incorporated ‘CASE NUMBER 17 CV 321092 DEFENDANT/RESPONDENT. Proven Management. Inc., et al. 17. Economic litigation a, ((_] This is a limited civil case (ie,, the amount demanded Is $25,000 or fess) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b, (] This is a limited civil case and a motion to withdraw the case from the economic Iitigation 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 [5 the party or parties request that the following additional matters be considered or determined at the case management conference (specify). 19 Meet and confer The party or parties have met and conferred with all parties on all subjects required by rule 3 724 of the Califomia 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): 0 | am completely familiar with this case and will be fully prepared to discuss the status of discovery and altemative dispute resolution, as weil as other issues raised by this statement, and will possess the authority to enteri Stipulations on these issues at the time of the case mariagement conference, including the written authority of the party where, red, Date: April 2, 2018 Jonathan M, Bowne, attomey for plaintiff (TYPE OR PRINT NAMED (SIGNATURE OF PARTY OR ATTORNEY) {TYPE OR PRINT NAME) b (SIGNATURE OF PARTY OR ATTORNEY) (J Additional signatures are attached. CM-110 [Rev July1 2011) CASE MANAGEMENT STATEMENT Page 8 ot & PR F OF SERVICE I, the undersigned, declare that I am employed in the City and County of San Mateo, California. I am over the age of eighteen years and not a party to the within action. My business address is 520 S. El Camino Real, Ste 430, San Mateo, California 94402. On the indicated below, I served the within document(s), entitled: CASE MANAGEMENT STATEMENT on each party(ies) addressed as follows: XXXX 0 BY MAIL: by placing a true copy of each document listed above in a sealed envelope addressed to the parties listed above and depositing it with the U.S. Postal Service on the date shown below. 10 11 0 BY HAND: I caused each such envelope to be delivered by hand to the addressee(s) listed above via same day messenger service. 12 BY E-MAIL: I caused a true copy to be transmitted via e-mail to the addressee(s) listed above at the e-mail noted after the party’s address. 13 BY OVERNIGHT DELIVERY: by delivering each document to an authorized courier 14 authorized by the express service carrier to receive documents in an envelope designated by the express service carrier with delivery fees prepaid or provided for and addressed as above- 15 shown. 16 0 BY FACSIMILE: I caused a true copy to be transmitted via facsimile to the addressee(s) listed above at the Fax number noted after the party’s address. 17 I declare under penalty of perjury under the laws of the State of California that the foregoing 18 is true and correct. 19 Executed on April 2, 2018. 20 Copa t 9 A va A 21 22 23 24 25 26 27 28 Proof of Service