Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
Jeffrey H. Belote/ Kaitlyn J. Sikora SBN: 104218 / 286738
Clark Hill LLP
One Embarcadero Center, Suite 400
San Francisco, CA 94111
TELEPHONE NO: (415) 984-8500. FAX NO. (Optiona) (415) 984-8599
E-MAIL ADDRESS (Optiona): jbelote@clarkhill.com / ksikora@clarkhill.com
ATTORNEY FOR (Name): YOugin Cao & Xinrong Jiang
SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CLARA
street aooress: 191 North First Street
maitine aopress:191 North First Street
city anozip cove: San Jose, 95113
BRANCH NAME Downtown Superior Court
PLAINTIFF/PETITIONER: YOUQIN CAO, et al.
DEFENDANT/RESPONDENT: CALIFORNIA HOME BUILDERS & DESIGN, INC. et al.
CASE MANAGEMENT STATEMENT (CASE NUMBER:
(Check one). UNLIMITED CASE [7] umitep case 17CV310601
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: August 28, 2018 Time: 10:00 a.m. Dept. 19 Div. Room:
Address of court (if different from the address above).
[£X) Notice of Intent to Appear by Telephone, by (name):Kaitlyn J. Sikora
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. This statement is submitted by party (name): Plaintiffs Youqin Cao and Xinrong Jiang
b. [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): The Complaint was filed on 05/19/17. The First Amended Complaint filed on 08/15/17.
b. [] The cross-complaint, if any, was filed on (date)
Servi (to be answered by plaintiffs and cross-complainants only)
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b CI The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not):
(2) [1 have been served but have not appeared and have not been dismissed (specify names).
(3) [1 have had a default entered against them (specify names).
¢, Co 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 CJ cross. complaint (Describe, including causes of action): Breach of
Contract; Breach of Express Warranty; Breach of Implied Warranty; Negligence; and Declaratory Relief.
Page4 of5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT ‘Cal. Rules of Court,
‘Judicial Counc of California rules 3.720-3.790
O"RRev. ly 1, 2011] www.courts.ca.gov
Westlaw
Doc & Form Buller
CM-110
PLAINTIFF/PETITIONER: YOUQIN CAO, et al. ‘CASE NUMBER:
17CV310601
DEFENDANT/RESPONDENT: CALIFORNIA HOME BUILDERS & DESIGN, INC. et al
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
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiffs have brought claims against their General Contractor and Architect/ Engineer for significant defects to
Plaintiffs' residence.
[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 (3) a jury tial 7) a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. (J The trial has been set for (date):
b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain): The parties have agreed to participate in mediation with Hon. Richard Flier (Ret.). The
parties need further time to engage in ADR and complete discovery.
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. [1] hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial (£21 by the attorney or party listed in the caption [] by the following:
a. Attorney:
b. Firm:
©, Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
[1 Additional representation is described in Attachment 8,
Preference
[) This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has [7] 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 (7) has [4 has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
9 C4 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under ‘ode 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.
3) CO 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):
‘CM-T10 Rev. July 7, 2011) CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
PLAINTIFF/PETITIONER: YOUQIN CAO, et al. (SE NUMBER:
DEFENDANT/RESPONDENT: CALIFORNIA HOME BUILDERS & DESIGN, INC. et al. 17CV310601
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):
Co Mediation session not yet scheduled
Mediation session scheduled for (date):9/13/2018
(1) Mediation Ca
co Agreed to complete mediation by (date):
co Mediation completed on (date):
Co Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July7, 2014] Page
3 of 6
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONERY
QUQIN CAO, et al. CASE NUMBER
L 17CV310601
DEFENDANT/RESPONDENTCALIFORNIA HOME BUILDERS & DESIGN, INC. et al.
11. Insurance
a (1 Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
©. [1 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.
[J Bankruptey [J] Other (specify):
Status:
13. Related cases, consolidation, and coordination
a [7] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[) Additional cases are described in Attachment 13a.
b. [7JA motion to [) 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
(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 panty or parties have completed all discovery.
The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiffs Written Discovery January 2019
Plaintiffs Party Depositions February 2019
c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
M-110 [Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Page
4 ofS
CM-110
PLAINTIFF/PETITIONER: YOUQIN CAO, et al. CASE NUMBER:
| 17CV310601
DEFENDANT/RESPONDENT: CALIFORNIA HOME BUILDERS & DESIGN, INC. et al.
17, Economic litigation
a. [[] 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. [_] 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
[1] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. [X] 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: August 16, 2018
Jeffrey H. Belote / Kaitlyn J. Sikora
(TYPE OR PRINT NAME) ATURE OF PAI ‘OR ATTORNEY)
(TYPE OR PRINT NAME)
» (SIGNATURE OF PARTY OR ATTORNEY)
[] Additional signatures are attached.
(OM-110 [Rev. July
1, 2014] CASE MANAGEMENT STATEMENT Page SofS
PROOF OF SERVICE
Iam a citizen of the United States and resident of the State of California. I am employed
in Santa Clara, State of California, in the office of a member of the bar of this Court, at whose
direction the service was made. I am over the age of eighteen years and not a party to the within
action.
On August 16, 2018, I served the following documents in the manner described below:
PLAINTIFFS YOUQIN CAO AND XINRONG JIANG’S CASE
MANAGEMENT STATEMENT
4 (BY U.S. MAIL) I am personally and readily familiar with the business practice of
Clark Hill LLP for collection and processing of correspondence for mailing with the
United States Parcel Service, and I caused such envelope(s) with postage thereon fully
prepaid to be placed in the United States Postal Service at San Francisco, California.
On the following part(ies) in this action:
10
Kevin P. Kennedy, Esq. Telephone: (858) 267-4127
11 E. Val Meneses, Esq. Facsimile: (858) 267-4128
KENNEDY & SOUZA, APC Email: kkennedy@kennedysouza.com
12 7964 Arjons Drive, Suite I vmeneses@kennedysouza.com
San Diego, CA 92126 Attorneys for California Home and Kitchen
13 Design Center, Inc., and California Home
Builders & Design, Inc.
14
Brian Preston, Esq. Telephone: (408) 293-2700
15 LAW OFFICES OF BRIAN PRESTON Email: bp@brianpresontlaw.com
111 North Market Street, Suite 705 Co-Counsel for California Home and
16 San Jose, CA 95113 Kitchen Design Center, Inc. and California
Home Builders & Design, Inc.
17 Ryan P. Harley, Esq. Telephone: (510) 844-5100
Michelle C. Raaka, Esq. Facsimile: (510) 844-5101
18 COLLINS COLLINS MUIR + STEWART Email: tharley@ccmslaw.com
LLP mraai ecmslaw.com
19 1999 Harrison Street, Suite 1700 Attorneys for WEC & Associates, Inc.
Oakland, CA 94612
20
I declare under penalty of perjury under the laws of the United States of America that the
21 foregoing is true and correct.
22 Executed on August 16, 2018, at San Francisco, California.
23
24
25
HaMW LYPIA M. BROWN
M BY
26
27
28
2
PROOF OF SERVICE
219890274
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY Jeffrey H. Belote/ Kaitlyn J. Sikora SBN: 104218 / 286738 Clark Hill LLP One Embarcadero Center, Suite 400 San Francisco, CA 94111 TELEPHONE NO: (415) 984-8500. FAX NO. (Optiona) (415) 984-8599 E-MAIL ADDRESS (Optiona): jbelote@clarkhill.com / ksikora@clarkhill.com ATTORNEY FOR (Name): YOugin Cao & Xinrong Jiang SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CLARA street aooress: 191 North First Street maitine aopress:191 North First Street city anozip cove: San Jose, 95113 BRANCH NAME Downtown Superior Court PLAINTIFF/PETITIONER: YOUQIN CAO, et al. DEFENDANT/RESPONDENT: CALIFORNIA HOME BUILDERS & DESIGN, INC. et al. CASE MANAGEMENT STATEMENT (CASE NUMBER: (Check one). UNLIMITED CASE [7] umitep case 17CV310601 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 28, 2018 Time: 10:00 a.m. Dept. 19 Div. Room: Address of court (if different from the address above). [£X) Notice of Intent to Appear by Telephone, by (name):Kaitlyn J. Sikora INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. This statement is submitted by party (name): Plaintiffs Youqin Cao and Xinrong Jiang b. [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): The Complaint was filed on 05/19/17. The First Amended Complaint filed on 08/15/17. b. [] The cross-complaint, if any, was filed on (date) Servi (to be answered by plaintiffs and cross-complainants only) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b CI The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not): (2) [1 have been served but have not appeared and have not been dismissed (specify names). (3) [1 have had a default entered against them (specify names). ¢, Co 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 CJ cross. complaint (Describe, including causes of action): Breach of Contract; Breach of Express Warranty; Breach of Implied Warranty; Negligence; and Declaratory Relief. Page4 of5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT ‘Cal. Rules of Court, ‘Judicial Counc of California rules 3.720-3.790 O"RRev. ly 1, 2011] www.courts.ca.gov Westlaw Doc & Form Buller CM-110 PLAINTIFF/PETITIONER: YOUQIN CAO, et al. ‘CASE NUMBER: 17CV310601 DEFENDANT/RESPONDENT: CALIFORNIA HOME BUILDERS & DESIGN, INC. et al 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiffs have brought claims against their General Contractor and Architect/ Engineer for significant defects to Plaintiffs' residence. [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 (3) a jury tial 7) a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. (J The trial has been set for (date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): The parties have agreed to participate in mediation with Hon. Richard Flier (Ret.). The parties need further time to engage in ADR and complete discovery. 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. [1] hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial (£21 by the attorney or party listed in the caption [] by the following: a. Attorney: b. Firm: ©, Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: [1 Additional representation is described in Attachment 8, Preference [) This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has [7] 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 (7) has [4 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). 9 C4 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under ‘ode 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. 3) CO 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): ‘CM-T10 Rev. July 7, 2011) CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER: YOUQIN CAO, et al. (SE NUMBER: DEFENDANT/RESPONDENT: CALIFORNIA HOME BUILDERS & DESIGN, INC. et al. 17CV310601 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): Co Mediation session not yet scheduled Mediation session scheduled for (date):9/13/2018 (1) Mediation Ca co Agreed to complete mediation by (date): co Mediation completed on (date): Co Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July7, 2014] Page 3 of 6 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONERY QUQIN CAO, et al. CASE NUMBER L 17CV310601 DEFENDANT/RESPONDENTCALIFORNIA HOME BUILDERS & DESIGN, INC. et al. 11. Insurance a (1 Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No ©. [1 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. [J Bankruptey [J] Other (specify): Status: 13. Related cases, consolidation, and coordination a [7] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [) Additional cases are described in Attachment 13a. b. [7JA motion to [) 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 (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 panty or parties have completed all discovery. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiffs Written Discovery January 2019 Plaintiffs Party Depositions February 2019 c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): M-110 [Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Page 4 ofS CM-110 PLAINTIFF/PETITIONER: YOUQIN CAO, et al. CASE NUMBER: | 17CV310601 DEFENDANT/RESPONDENT: CALIFORNIA HOME BUILDERS & DESIGN, INC. et al. 17, Economic litigation a. [[] 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. [_] 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 [1] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. [X] 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: August 16, 2018 Jeffrey H. Belote / Kaitlyn J. Sikora (TYPE OR PRINT NAME) ATURE OF PAI ‘OR ATTORNEY) (TYPE OR PRINT NAME) » (SIGNATURE OF PARTY OR ATTORNEY) [] Additional signatures are attached. (OM-110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page SofS PROOF OF SERVICE Iam a citizen of the United States and resident of the State of California. I am employed in Santa Clara, State of California, in the office of a member of the bar of this Court, at whose direction the service was made. I am over the age of eighteen years and not a party to the within action. On August 16, 2018, I served the following documents in the manner described below: PLAINTIFFS YOUQIN CAO AND XINRONG JIANG’S CASE MANAGEMENT STATEMENT 4 (BY U.S. MAIL) I am personally and readily familiar with the business practice of Clark Hill LLP for collection and processing of correspondence for mailing with the United States Parcel Service, and I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States Postal Service at San Francisco, California. On the following part(ies) in this action: 10 Kevin P. Kennedy, Esq. Telephone: (858) 267-4127 11 E. Val Meneses, Esq. Facsimile: (858) 267-4128 KENNEDY & SOUZA, APC Email: kkennedy@kennedysouza.com 12 7964 Arjons Drive, Suite I vmeneses@kennedysouza.com San Diego, CA 92126 Attorneys for California Home and Kitchen 13 Design Center, Inc., and California Home Builders & Design, Inc. 14 Brian Preston, Esq. Telephone: (408) 293-2700 15 LAW OFFICES OF BRIAN PRESTON Email: bp@brianpresontlaw.com 111 North Market Street, Suite 705 Co-Counsel for California Home and 16 San Jose, CA 95113 Kitchen Design Center, Inc. and California Home Builders & Design, Inc. 17 Ryan P. Harley, Esq. Telephone: (510) 844-5100 Michelle C. Raaka, Esq. Facsimile: (510) 844-5101 18 COLLINS COLLINS MUIR + STEWART Email: tharley@ccmslaw.com LLP mraai ecmslaw.com 19 1999 Harrison Street, Suite 1700 Attorneys for WEC & Associates, Inc. Oakland, CA 94612 20 I declare under penalty of perjury under the laws of the United States of America that the 21 foregoing is true and correct. 22 Executed on August 16, 2018, at San Francisco, California. 23 24 25 HaMW LYPIA M. BROWN M BY 26 27 28 2 PROOF OF SERVICE 219890274