Preview
cet DD ek Ww NY
eee
SN AS ae HK oe eA Ae AO a =
28
COLLINS COLLINS
MUIR + STEWART.
1999 Harrison St, Ste.1700
Oakland, CA 94612
Phone (510) 844-5100
Fax (610) 844-5101,
170V310601
Santa Clara — Civil
Ryan P. Harley, Esq. (SBN 245059)
Bradley D. Doucette, Esq. (SBN 322611)
COLLINS COLLINS MUIR + STEWART LLP
1999 Harrison Street, Suite 1700
Oakland, CA 94612
(510) 844-5100 — FAX (510) 844-5101
Attorneys for Defendant/Cross-Complainant,
WEC AND ASSOCIATES, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
YOUQIN CAO, an Individual, and
XINRONG JIANG, an Individual,
Plaintiffs,
vs.
CALIFORNIA HOME BUILDERS &
DESIGN, INC. dba CALIFORNIA HOMES
& DESIGNS, INC., a California Corporation;
CALIFORNIA HOMES AND KITCHEN
DESIGN CENTER, INC., a California
Corporation; WEC ASSOCIATES, INC., a
California Corporation; and DOES 2 through
100,
Defendants.
AND ALL RELATED CROSS ACTIONS.
eS SS SS SS SS SS SS SSS SS SY
TO ALL PARTIES AND THEIR ATTORNEY OF RECORD:
PLEASE TAKE NOTICE that the Ex Parte Application to Continue Trial and Related Dates
filed by Defendant WEC and Associates, Inc. (“WEC”) with the Stipulation by all parties in the matter
regarding the same, came on specially for hearing on February 26, 2020 at approximately 8:15 a.m. in
20705
1
CASE NO. 17CV310601
[Assigned to Hon. Maureen A. Folan, Dept. 8]
NOTICE OF ENTRY OF ORDER RE: EX
PARTE HEARING TO CONTINUE TRIAL
Complaint Filed: 5/19/17
FAC Filed:
Trial Date:
System System
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 2/27/2020 4:12 PM
Reviewed By: System System
Case #17CV310601
Envelope: 4095043
8/15/17
4/6/20
NOTICE OF ENTRY OF ORDER RE: EX PARTE HEARING TO CONTINUE TRIALcet DD ek Ww NY
eee
SN AS ae HK oe eA Ae AO a =
28
COLLINS COLLINS
MUIR + STEWART.
1999 Harrison St, Ste.1700
Oakland, CA 94612
Phone (510) 844-5100
Fax (610) 844-5101,
Department 20 of the above-referenced Court, the Honorable Socrates P. Manoukian presiding.
Counsel for WEC, Bradley D. Doucette, was present in-person.
After considering the Ex Parte Application and all papers, as well as argument from counsel,
the Court ruled as followed:
1. The Ex Parte Application is granted, and a Motion to Continue the Trial is set for
March 26, 2020 at 9:00 a.m. in Dept. 20. Papers are to be submitted per Code.
A true and correct copy of the Stipulation and Order is attached hereto as Exhibit A.
DATED: February 27, 2020 COLLINS COLLINS MUIR + STEWART LLP
By:
Bl rDOUCE.
RYAN P. HARLEY
Attorneys for Defendant/Cross-Complainant,
WEC AND ASSOCIATES, INC.
20705
2
NOTICE OF ENTRY OF ORDER RE: EX PARTE HEARING TO CONTINUE TRIALEX HIBITILE
FEB 2 6 2020
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
YOUQIN CAO, an Individual, and ) CASE NO. 17CV310601
XINRONG JIANG, an Individual, ) [Assigned to Hon. Maureen A. Folan, Dept. 6]
)
Plaintiffs, ) STIPULATION OF THE PARTIES TO
) CONTINUE TRIAL AND ALL TRIAL-
vs. ) RELATED DATES;4PROPOSED] ORDER
CALIFORNIA HOME BUILDERS &
DESIGN, INC. dba CALIFORNIA HOMES
& DESIGNS, INC., a California Corporation;
CALIFORNIA HOMES AND KITCHEN
DESIGN CENTER, INC., a California
Corporation; WEC ASSOCIATES, INC., a
California Corporation; and DOES 2 through
100,
Complaint Filed: 5/19/17
Defendants. FAC Filed: 8/15/17
Trial Date: 4/06/20
AND RELATED CROSS ACTIONS.
STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER
ClarkHill\67652\383450\2233605111.v1-2/24/20TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR
ATTORNEYS OF RECORD HEREIN:
Plaintiffs Youquin Cao and Xinrong Jiang (collectively “Plaintiffs”), Defendant California
Home Builders & Design Inc. dba California Homes & Designs, Inc. and California Homes and
Kitchen Design Center, Inc. (collectively “California Homes”), and Defendants WEC and Associates,
Inc. (*“WEC”) (collectively “the Parties”) do hereby stipulate and agree as follows:
WHEREAS, the Trial date in this matter is currently set for April 6, 2020 at 8:45 a.m., and
the Mandatory Settlement Conference is currently set for April 1, 2020 at 9:00 a.m.:
WHEREAS, the Parties propose a brief Trial continuance of thirty to forty-five days, with the
parties preference being that the Trial date be set for the week of May 4, 2020, or a date as reasonably
close to the thirty to forty-five-day timeframe as possible, pending the Court’s availability;
WHEREAS, good cause exists to continue the Trial and all Trial-related dates in this matter
as the Parties have engaged in, and continue to engage in, substantive settlement discussions with
mediator Brad Benning, Esq. and have scheduled a mediation with Mr. Benning on March 13, 2020
in an effort to continue such settlement discussions and attempt to resolve the matter. The Parties
have been engaged in substantial discovery efforts, including taking multiple depositions of all parties
involved and exchanging extensive written discovery, and the Parties agree that these efforts have
and will aid in settlement discussions at the forthcoming mediation. The Parties agree that the
continuance is needed to allow the Parties to focus their efforts and resources towards settlement as
opposed to ongoing discovery final Trial preparations for the upcoming April trial date in this matter;
WHEREAS, Plaintiffs’ attorney, Jeffrey H. Belote, Esq., recently produced additional
documents before the conclusion of depositions of his clients including photographs of the foundation
of the subject property. According to Mr. Belote, those photographs had caused Plaintiffs experts to
reevaluate additional damages related to the foundation and additional bases for liability. Plaintiffs
conducted an additional inspection of the subject property on or about February 20, 2020, and
Defense experts are scheduled to conduct another inspection of the subject property on February 26,
2020 beginning at 10:00 a.m. including inspecting the test pits drilled by Plaintiffs experts. Due to
2
STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER
ClarkHill\67652\383450\2233605 11 v1-2/24/20these recently discovered photographs and the additional work being conducted by the experts, it is
anticipated that the experts will need additional time to assess the new information prior to their
depositions. Accordingly, the Parties agree that at least ten to twelve expert depositions will need to
be conducted prior to the current Trial date.
WHEREAS, no Parties in this matter have previously requested a Trial continuance;
WHEREAS, the Parties agree that the short continuance would promote judicial economy
and no prejudice by any of the Parties will be suffered by the short continuance of the Trial date and
all Trial-related dates;
WHEREAS, the Parties agree that all dates and deadlines, including discovery cutoffs and
dispositive motion deadlines, shall correspond to the continued trial date.
IT IS FURTHER AGREED that this Stipulation may be singed in counterparts and that
signatures transmitted via facsimile or electronically shall be given the same force and effect as if
originals, and all of the counterparts when executed and taken together shall constitute one and the
same instrument.
IT IS SO STIPULATED.
DATED: February 24, 2020 CLARK HILL LLP
YOUQIN CAO and XINRONG JIANG
DATED: February 24, 2020 COLLINS COLLINS MUIR + STEWART LLP
By:
RYAN P. HARLEY, ESQ.
BRADLEY D. DOUCETTE, ESQ.
Attorneys for Defendant/Cross-Complainant,
WEC AND ASSOCIATES, INC.
3
STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER
ClarkHill67652\383450\22336051 11 .v1-2/24/20
yyenrnthese recently discovered photographs and the additional work being conducted by the experts, it is
anticipated that the experts will need additional time to assess the new information prior to their
depositions. Accordingly, the Parties agree that at least ten to twelve expert depositions will need to
be conducted prior to the current Trial date.
WHEREAS, no Parties in this matter have previously requested a Trial continuance;
WHEREAS, the Parties agree that the short continuance would promote judicial economy
and no prejudice by any of the Parties will be suffered by the short continuance of the Trial date and
all Trial-related dates;
WHEREAS, the Parties agree that all dates and deadlines, including discovery cutoffs and
dispositive motion deadlines, shall correspond to the continued trial date.
IT IS FURTHER AGREED that this Stipulation may be singed in counterparts and that
signatures transmitted via facsimile or electronically shall be given the same force and effect as if
originals, and all of the counterparts when executed and taken together shall constitute one and the
same instrument.
IT IS SO STIPULATED.
DATED: February 24, 2020 CLARK HILL LLP
By:
JEFFREY H. BELOTE, ESQ.
MELISSA PALAZOLA, ESQ.
Attorneys for Plaintiffs/Cross-Defendants
YOUQIN CAO and XINRONG JIANG
DATED: February 24, 2020 COLLINS COLLINS MUIR + STEWART LLP
Eee
DOUCETTE—
B e
RYAN P. HARLEY, ESQ.
Attorneys for Defendant/Cross-Complainant,
WEC AND ASSOCIATES, INC.
3
STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER
ClarkHill\67652\383450\2233605 1 1.v1-2/24/20Clima ae fe a ee =
by oeR PRP BP BP N NR KR NY Be ee ee ee oe ee
ent Aw FOR S&F FS CHA KDA BBR SB S
DATED: February 24, 2020
DATED: February 24, 2020
KENNEDY & SOUZA, APC
BZ fl phar ¢ a—
By:
KEVIN P. KENNEDY, ESQ.
E. VAL. MENESES, ESQ.
Associated with:
L
OFFICES OF B}
By:
Attorneys for Defendants/Cross-Complainants
CALIFORNIA HOME BUILDERS & DESIGN,
INC. dba CALIFORNIA HOMES & DESIGNS,
INC., CALIFORNIA HOMES AND KITCHEN
DESIGN CENTER, INC.
4
STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER
ClarkHill\67652\383450\223360511.v1-2/24/20Ce dN Dn ee WN
ao ey ke Oe ere Orr
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PROPOSED] ORDER
Having read and reviewed the foregoing Stipulation of the Parties, and having found good
cause therefor,
IT IS HEREBY ORDERED that:
L tstsfe t and Mandatory Settlement Conference
ind¥tory ¥Séttleme| onférehce of April 1, 2020 shall be continued to
Sand dispositive motion
deadlines, s continued Trial date.
IT IS SO ORDERED.
patep: 4 Pong 0
5
STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER
Clark Hill\67652\383450\2233605 11.v1-2/24/20ee ey ee
28
COLLINS COLLINS
MUIR + STEWART.
1999 Harrison St, Ste.1700,
Oakland, CA s4si2
Phone (510) 844-5100
Fax (510) 844.5101
PROOF OF SERVICE
(CCP g§ 1013(a) and 2015.5; FRCP 5)
State of California, )
County of San Diego )
1 am employed in the County of San Diego, State of California. | am over the age of 18 and not a party to the within action; my
business address is 2011 Palomar Airport Road, Suite 207, Carlsbad, California 92011.
On this date, I served the foregoing document described as STIPULATION OF THE PARTIES TO CONTINUE TRIAL
AND ALL TRIAL-RELATED DATES; [PROPOSED] ORDER on the interested parties in this action by placing same in a sealed
envelope, addressed as follows:
SEE ATTACHED SERVICE LIST
(BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Oakland, Californii
to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collection
processing correspondence for mailing. Under that practice, it would be deposited with the U.S, Postal Service on that same day wit
postage thereon fully prepaid at Oakland, California in the ordinary course of business. I am aware that on motion of the party served]
service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing i
affidavit.
(BY CERTIFIED MAIL) ~ | caused such envelope(s) with postage thereon fully prepaid via Certified Mail Retum Receipt Request
to be placed in the United States Mail in Oakland, California.
BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY
& (BY ELECTRONIC FILING AND/OR_ SERVICE) - | served a true copy, with all exhibits, electronically on designated
recipients listed on the attached Service List on: February 25, 2020.
FEDERAL EXPRESS - | caused the envelope to be delivered to an authorized courier or driver authorized to receive documents wit
delivery fees provided for.
(BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimil
number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (510) 844-5101 indicated al]
Pages were transmitted.
(BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s).
Executed on February 25, 2020 at Carlsbad, California.
[J (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
(FEDERAL) - | declare that | am employed in the office of a member of the bar of this court at whose direction the service was made.
Wels nb
VICKI WOOD
ywood@ cemslaw.com | legalservices@ ccmslaw.com
20705
PROOF OF SERVICECen
28
COLLINS COLLINS
MUIR + STEWART.
1999 Harrison St, Ste.1700
Oakland, CA 94612
Phone (510) 844.5100
Fax (510) 844.5101
20705
YOUQIN CAO and XINRONG JIANG v, CALIFORNIA HOME BUILDERS & DESIGN, INC., et al.
SANTA CLARA COUNTY SUPERIOR COURT CASE NO. 17CV310601
Jeffrey H. Belote, Esq
CLARK HILL LLP
One Embarcadero Center, Suite 400
San Francisco, CA 94111
415-984-8500 — Fax: 415-984-8599
belote@ ‘Ahill.com
ATTORNEYS FOR PLAINTIFFS
YOUQUIN CAO & XINRONG JIANG
Kevin P. Kennedy, Esq
E, Val Meneses, Esq.
KENNEDY & SOUZA, APC
7964 Arjons Drive, Suite I
San Diego, CA 92126
858-267-4127 — Fax: 858-267-4128
kkennedy@kennedysouza.com
edysouza.com
OUR FILE NO. 20705
SERVICE LIST
Brian Preston, Esq.
LAW OFFICES OF BRIAN PRESTON
111 North Market Street, Suite 705
San Jose, CA 95113
(408) 293-2700 — FAX (408) 293-2711
bp@brianpr. nlaw.com
ATTORNEY FOR CALIFORNIA HOMES AND
KITCHEN DESIGN CENTER, INC., and CALIFORNIA
HOME BUILDERS & DESIGN, INC.
ASSOCIATED COUNSEL FOR CALIFORNIA
HOMES AND KITCHEN DESIGN CENTER, INC.,
and CALIFORNIA HOME BUILDERS & DESIGN,
INC.
PROOF OF SERVICEcen DA nH RB WB DN
NR Be eB Be Be eB eB ee ee
Se cen AS SS SS
2
2
23
24
25
26
27
28
‘COLLINS COLLINS
MUIR + STEWARTu:
11999 Harrison St, St0.1700,
Oakland, CA 94612
Phone (510) 844-5100
Fax (610) 844.5101,
PROOF OF SERVICE
(CCP gg 1013(a) and 2015.5; FRCP 5)
State of California, )
) ss
County of San Diego )
Tam employed in the County of San Diego, State of California. I am over the age of 18 and not a party to the within action; my
business address is 2011 Palomar Airport Road, Suite 207, Carlsbad, California 92011.
On this date, I served the foregoing document described as NOTICE OF ENTRY OF ORDER RE: EX PARTE HEARING
TO CONTINUE TRIAL on the interested parties in this action by placing same in a sealed envelope, addressed as follows:
SEE ATTACHED SERVICE LIST
& WY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Carlsbad, Californi
to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collection anc
processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day witl
postage thereon fully prepaid at Carlsbad, California in the ordinary course of business. I am aware that on motion of the party served
service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing it
affidavit.
(BY CERTIFIED MAIL) ~ I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Retum Receipt Requeste
to be placed in the United States Mail in Carlsbad, California
BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY
(BY ELECTRONIC FILING AND/OR_SERVICE) — I served a true copy, with all exhibits, electronically on designated
recipients listed on the attached Service List on:
FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents wit!
delivery fees provided for.
(BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimil
number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (510) 844-5101 indicated all
pages were transmitted.
(BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s).
Executed on February 27, 2020 at Carlsbad, California.
(STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
(FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
VICKI WOOD
ywood@ccmslaw.com | legalservices@ccmslaw.com
20705
3
NOTICE OF ENTRY OF ORDER RE: EX PARTE HEARING TO CONTINUE TRIALCc ety Dn ke Ww Ye
NR Be eB Be Be eB eB ee ee
Se cen AS SS SS
2
2
23
24
25
26
27
28
‘COLLINS COLLINS
MUIR + STEWARTu:
11999 Harrison St, St0.1700,
Oakland, CA 94612
Phone (510) 844-5100
Fax (610) 844.5101,
YOUQIN CAO and XINRONG JIANG v, CALIFORNIA HOME BUILDERS & DESIGN, INC.,, et al.
SANTA CLARA COUNTY SUPERIOR COURT CASE NO. 17CV310601
OUR FILE NO. 20705
SERVICE LIST
Jeffrey H. Belote, Esq.
CLARK HILL LLP
One Embarcadero Center, Suite 400
San Francisco, CA 94111
415-984-8500 — Fax: 415-984-8599
ibelote@clarkhill.com
ATTORNEYS FOR PLAINTIFFS
YOUQUIN CAO & XINRONG JIANG
Kevin P. Kennedy, Esq.
E. Val Meneses, Esq.
KENNEDY & SOUZA, APC
7964 Arjons Drive, Suite I
San Diego, CA 92126
858-267-4127 — Fax: 858-267-4128
kkennedy@kennedysouza.com
ymeneses@kennedysouza.com
ASSOCIATED COUNSEL FOR CALIFORNIA
HOMES AND KITCHEN DESIGN CENTER, INC.,
and CALIFORNIA HOME BUILDERS & DESIGN,
INC.
20705
4
Brian Preston, Esq.
LAW OFFICES OF BRIAN PRESTON
111 North Market Street, Suite 705
San Jose, CA 95113
ATTORNEY FOR CALIFORNIA HOMES AND
KITCHEN DESIGN CENTER, INC., and CALIFORNIA
HOME BUILDERS & DESIGN, INC.
NOTICE OF ENTRY OF ORDER RE: EX PARTE HEARING TO CONTINUE TRIAL
Preview
cet DD ek Ww NY eee SN AS ae HK oe eA Ae AO a = 28 COLLINS COLLINS MUIR + STEWART. 1999 Harrison St, Ste.1700 Oakland, CA 94612 Phone (510) 844-5100 Fax (610) 844-5101, 170V310601 Santa Clara — Civil Ryan P. Harley, Esq. (SBN 245059) Bradley D. Doucette, Esq. (SBN 322611) COLLINS COLLINS MUIR + STEWART LLP 1999 Harrison Street, Suite 1700 Oakland, CA 94612 (510) 844-5100 — FAX (510) 844-5101 Attorneys for Defendant/Cross-Complainant, WEC AND ASSOCIATES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA YOUQIN CAO, an Individual, and XINRONG JIANG, an Individual, Plaintiffs, vs. CALIFORNIA HOME BUILDERS & DESIGN, INC. dba CALIFORNIA HOMES & DESIGNS, INC., a California Corporation; CALIFORNIA HOMES AND KITCHEN DESIGN CENTER, INC., a California Corporation; WEC ASSOCIATES, INC., a California Corporation; and DOES 2 through 100, Defendants. AND ALL RELATED CROSS ACTIONS. eS SS SS SS SS SS SS SSS SS SY TO ALL PARTIES AND THEIR ATTORNEY OF RECORD: PLEASE TAKE NOTICE that the Ex Parte Application to Continue Trial and Related Dates filed by Defendant WEC and Associates, Inc. (“WEC”) with the Stipulation by all parties in the matter regarding the same, came on specially for hearing on February 26, 2020 at approximately 8:15 a.m. in 20705 1 CASE NO. 17CV310601 [Assigned to Hon. Maureen A. Folan, Dept. 8] NOTICE OF ENTRY OF ORDER RE: EX PARTE HEARING TO CONTINUE TRIAL Complaint Filed: 5/19/17 FAC Filed: Trial Date: System System Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/27/2020 4:12 PM Reviewed By: System System Case #17CV310601 Envelope: 4095043 8/15/17 4/6/20 NOTICE OF ENTRY OF ORDER RE: EX PARTE HEARING TO CONTINUE TRIALcet DD ek Ww NY eee SN AS ae HK oe eA Ae AO a = 28 COLLINS COLLINS MUIR + STEWART. 1999 Harrison St, Ste.1700 Oakland, CA 94612 Phone (510) 844-5100 Fax (610) 844-5101, Department 20 of the above-referenced Court, the Honorable Socrates P. Manoukian presiding. Counsel for WEC, Bradley D. Doucette, was present in-person. After considering the Ex Parte Application and all papers, as well as argument from counsel, the Court ruled as followed: 1. The Ex Parte Application is granted, and a Motion to Continue the Trial is set for March 26, 2020 at 9:00 a.m. in Dept. 20. Papers are to be submitted per Code. A true and correct copy of the Stipulation and Order is attached hereto as Exhibit A. DATED: February 27, 2020 COLLINS COLLINS MUIR + STEWART LLP By: Bl rDOUCE. RYAN P. HARLEY Attorneys for Defendant/Cross-Complainant, WEC AND ASSOCIATES, INC. 20705 2 NOTICE OF ENTRY OF ORDER RE: EX PARTE HEARING TO CONTINUE TRIALEX HIBITILE FEB 2 6 2020 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA YOUQIN CAO, an Individual, and ) CASE NO. 17CV310601 XINRONG JIANG, an Individual, ) [Assigned to Hon. Maureen A. Folan, Dept. 6] ) Plaintiffs, ) STIPULATION OF THE PARTIES TO ) CONTINUE TRIAL AND ALL TRIAL- vs. ) RELATED DATES;4PROPOSED] ORDER CALIFORNIA HOME BUILDERS & DESIGN, INC. dba CALIFORNIA HOMES & DESIGNS, INC., a California Corporation; CALIFORNIA HOMES AND KITCHEN DESIGN CENTER, INC., a California Corporation; WEC ASSOCIATES, INC., a California Corporation; and DOES 2 through 100, Complaint Filed: 5/19/17 Defendants. FAC Filed: 8/15/17 Trial Date: 4/06/20 AND RELATED CROSS ACTIONS. STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER ClarkHill\67652\383450\2233605111.v1-2/24/20TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: Plaintiffs Youquin Cao and Xinrong Jiang (collectively “Plaintiffs”), Defendant California Home Builders & Design Inc. dba California Homes & Designs, Inc. and California Homes and Kitchen Design Center, Inc. (collectively “California Homes”), and Defendants WEC and Associates, Inc. (*“WEC”) (collectively “the Parties”) do hereby stipulate and agree as follows: WHEREAS, the Trial date in this matter is currently set for April 6, 2020 at 8:45 a.m., and the Mandatory Settlement Conference is currently set for April 1, 2020 at 9:00 a.m.: WHEREAS, the Parties propose a brief Trial continuance of thirty to forty-five days, with the parties preference being that the Trial date be set for the week of May 4, 2020, or a date as reasonably close to the thirty to forty-five-day timeframe as possible, pending the Court’s availability; WHEREAS, good cause exists to continue the Trial and all Trial-related dates in this matter as the Parties have engaged in, and continue to engage in, substantive settlement discussions with mediator Brad Benning, Esq. and have scheduled a mediation with Mr. Benning on March 13, 2020 in an effort to continue such settlement discussions and attempt to resolve the matter. The Parties have been engaged in substantial discovery efforts, including taking multiple depositions of all parties involved and exchanging extensive written discovery, and the Parties agree that these efforts have and will aid in settlement discussions at the forthcoming mediation. The Parties agree that the continuance is needed to allow the Parties to focus their efforts and resources towards settlement as opposed to ongoing discovery final Trial preparations for the upcoming April trial date in this matter; WHEREAS, Plaintiffs’ attorney, Jeffrey H. Belote, Esq., recently produced additional documents before the conclusion of depositions of his clients including photographs of the foundation of the subject property. According to Mr. Belote, those photographs had caused Plaintiffs experts to reevaluate additional damages related to the foundation and additional bases for liability. Plaintiffs conducted an additional inspection of the subject property on or about February 20, 2020, and Defense experts are scheduled to conduct another inspection of the subject property on February 26, 2020 beginning at 10:00 a.m. including inspecting the test pits drilled by Plaintiffs experts. Due to 2 STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER ClarkHill\67652\383450\2233605 11 v1-2/24/20these recently discovered photographs and the additional work being conducted by the experts, it is anticipated that the experts will need additional time to assess the new information prior to their depositions. Accordingly, the Parties agree that at least ten to twelve expert depositions will need to be conducted prior to the current Trial date. WHEREAS, no Parties in this matter have previously requested a Trial continuance; WHEREAS, the Parties agree that the short continuance would promote judicial economy and no prejudice by any of the Parties will be suffered by the short continuance of the Trial date and all Trial-related dates; WHEREAS, the Parties agree that all dates and deadlines, including discovery cutoffs and dispositive motion deadlines, shall correspond to the continued trial date. IT IS FURTHER AGREED that this Stipulation may be singed in counterparts and that signatures transmitted via facsimile or electronically shall be given the same force and effect as if originals, and all of the counterparts when executed and taken together shall constitute one and the same instrument. IT IS SO STIPULATED. DATED: February 24, 2020 CLARK HILL LLP YOUQIN CAO and XINRONG JIANG DATED: February 24, 2020 COLLINS COLLINS MUIR + STEWART LLP By: RYAN P. HARLEY, ESQ. BRADLEY D. DOUCETTE, ESQ. Attorneys for Defendant/Cross-Complainant, WEC AND ASSOCIATES, INC. 3 STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER ClarkHill67652\383450\22336051 11 .v1-2/24/20 yyenrnthese recently discovered photographs and the additional work being conducted by the experts, it is anticipated that the experts will need additional time to assess the new information prior to their depositions. Accordingly, the Parties agree that at least ten to twelve expert depositions will need to be conducted prior to the current Trial date. WHEREAS, no Parties in this matter have previously requested a Trial continuance; WHEREAS, the Parties agree that the short continuance would promote judicial economy and no prejudice by any of the Parties will be suffered by the short continuance of the Trial date and all Trial-related dates; WHEREAS, the Parties agree that all dates and deadlines, including discovery cutoffs and dispositive motion deadlines, shall correspond to the continued trial date. IT IS FURTHER AGREED that this Stipulation may be singed in counterparts and that signatures transmitted via facsimile or electronically shall be given the same force and effect as if originals, and all of the counterparts when executed and taken together shall constitute one and the same instrument. IT IS SO STIPULATED. DATED: February 24, 2020 CLARK HILL LLP By: JEFFREY H. BELOTE, ESQ. MELISSA PALAZOLA, ESQ. Attorneys for Plaintiffs/Cross-Defendants YOUQIN CAO and XINRONG JIANG DATED: February 24, 2020 COLLINS COLLINS MUIR + STEWART LLP Eee DOUCETTE— B e RYAN P. HARLEY, ESQ. Attorneys for Defendant/Cross-Complainant, WEC AND ASSOCIATES, INC. 3 STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER ClarkHill\67652\383450\2233605 1 1.v1-2/24/20Clima ae fe a ee = by oeR PRP BP BP N NR KR NY Be ee ee ee oe ee ent Aw FOR S&F FS CHA KDA BBR SB S DATED: February 24, 2020 DATED: February 24, 2020 KENNEDY & SOUZA, APC BZ fl phar ¢ a— By: KEVIN P. KENNEDY, ESQ. E. VAL. MENESES, ESQ. Associated with: L OFFICES OF B} By: Attorneys for Defendants/Cross-Complainants CALIFORNIA HOME BUILDERS & DESIGN, INC. dba CALIFORNIA HOMES & DESIGNS, INC., CALIFORNIA HOMES AND KITCHEN DESIGN CENTER, INC. 4 STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER ClarkHill\67652\383450\223360511.v1-2/24/20Ce dN Dn ee WN ao ey ke Oe ere Orr ct Am ke BOR SF SF Ce QA RH BF BH SF STS PROPOSED] ORDER Having read and reviewed the foregoing Stipulation of the Parties, and having found good cause therefor, IT IS HEREBY ORDERED that: L tstsfe t and Mandatory Settlement Conference ind¥tory ¥Séttleme| onférehce of April 1, 2020 shall be continued to Sand dispositive motion deadlines, s continued Trial date. IT IS SO ORDERED. patep: 4 Pong 0 5 STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER Clark Hill\67652\383450\2233605 11.v1-2/24/20ee ey ee 28 COLLINS COLLINS MUIR + STEWART. 1999 Harrison St, Ste.1700, Oakland, CA s4si2 Phone (510) 844-5100 Fax (510) 844.5101 PROOF OF SERVICE (CCP g§ 1013(a) and 2015.5; FRCP 5) State of California, ) County of San Diego ) 1 am employed in the County of San Diego, State of California. | am over the age of 18 and not a party to the within action; my business address is 2011 Palomar Airport Road, Suite 207, Carlsbad, California 92011. On this date, I served the foregoing document described as STIPULATION OF THE PARTIES TO CONTINUE TRIAL AND ALL TRIAL-RELATED DATES; [PROPOSED] ORDER on the interested parties in this action by placing same in a sealed envelope, addressed as follows: SEE ATTACHED SERVICE LIST (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Oakland, Californii to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collection processing correspondence for mailing. Under that practice, it would be deposited with the U.S, Postal Service on that same day wit postage thereon fully prepaid at Oakland, California in the ordinary course of business. I am aware that on motion of the party served] service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing i affidavit. (BY CERTIFIED MAIL) ~ | caused such envelope(s) with postage thereon fully prepaid via Certified Mail Retum Receipt Request to be placed in the United States Mail in Oakland, California. BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY & (BY ELECTRONIC FILING AND/OR_ SERVICE) - | served a true copy, with all exhibits, electronically on designated recipients listed on the attached Service List on: February 25, 2020. FEDERAL EXPRESS - | caused the envelope to be delivered to an authorized courier or driver authorized to receive documents wit delivery fees provided for. (BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimil number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (510) 844-5101 indicated al] Pages were transmitted. (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). Executed on February 25, 2020 at Carlsbad, California. [J (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) - | declare that | am employed in the office of a member of the bar of this court at whose direction the service was made. Wels nb VICKI WOOD ywood@ cemslaw.com | legalservices@ ccmslaw.com 20705 PROOF OF SERVICECen 28 COLLINS COLLINS MUIR + STEWART. 1999 Harrison St, Ste.1700 Oakland, CA 94612 Phone (510) 844.5100 Fax (510) 844.5101 20705 YOUQIN CAO and XINRONG JIANG v, CALIFORNIA HOME BUILDERS & DESIGN, INC., et al. SANTA CLARA COUNTY SUPERIOR COURT CASE NO. 17CV310601 Jeffrey H. Belote, Esq CLARK HILL LLP One Embarcadero Center, Suite 400 San Francisco, CA 94111 415-984-8500 — Fax: 415-984-8599 belote@ ‘Ahill.com ATTORNEYS FOR PLAINTIFFS YOUQUIN CAO & XINRONG JIANG Kevin P. Kennedy, Esq E, Val Meneses, Esq. KENNEDY & SOUZA, APC 7964 Arjons Drive, Suite I San Diego, CA 92126 858-267-4127 — Fax: 858-267-4128 kkennedy@kennedysouza.com edysouza.com OUR FILE NO. 20705 SERVICE LIST Brian Preston, Esq. LAW OFFICES OF BRIAN PRESTON 111 North Market Street, Suite 705 San Jose, CA 95113 (408) 293-2700 — FAX (408) 293-2711 bp@brianpr. nlaw.com ATTORNEY FOR CALIFORNIA HOMES AND KITCHEN DESIGN CENTER, INC., and CALIFORNIA HOME BUILDERS & DESIGN, INC. ASSOCIATED COUNSEL FOR CALIFORNIA HOMES AND KITCHEN DESIGN CENTER, INC., and CALIFORNIA HOME BUILDERS & DESIGN, INC. PROOF OF SERVICEcen DA nH RB WB DN NR Be eB Be Be eB eB ee ee Se cen AS SS SS 2 2 23 24 25 26 27 28 ‘COLLINS COLLINS MUIR + STEWARTu: 11999 Harrison St, St0.1700, Oakland, CA 94612 Phone (510) 844-5100 Fax (610) 844.5101, PROOF OF SERVICE (CCP gg 1013(a) and 2015.5; FRCP 5) State of California, ) ) ss County of San Diego ) Tam employed in the County of San Diego, State of California. I am over the age of 18 and not a party to the within action; my business address is 2011 Palomar Airport Road, Suite 207, Carlsbad, California 92011. On this date, I served the foregoing document described as NOTICE OF ENTRY OF ORDER RE: EX PARTE HEARING TO CONTINUE TRIAL on the interested parties in this action by placing same in a sealed envelope, addressed as follows: SEE ATTACHED SERVICE LIST & WY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Carlsbad, Californi to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collection anc processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day witl postage thereon fully prepaid at Carlsbad, California in the ordinary course of business. I am aware that on motion of the party served service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing it affidavit. (BY CERTIFIED MAIL) ~ I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Retum Receipt Requeste to be placed in the United States Mail in Carlsbad, California BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY (BY ELECTRONIC FILING AND/OR_SERVICE) — I served a true copy, with all exhibits, electronically on designated recipients listed on the attached Service List on: FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents wit! delivery fees provided for. (BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimil number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (510) 844-5101 indicated all pages were transmitted. (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). Executed on February 27, 2020 at Carlsbad, California. (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. VICKI WOOD ywood@ccmslaw.com | legalservices@ccmslaw.com 20705 3 NOTICE OF ENTRY OF ORDER RE: EX PARTE HEARING TO CONTINUE TRIALCc ety Dn ke Ww Ye NR Be eB Be Be eB eB ee ee Se cen AS SS SS 2 2 23 24 25 26 27 28 ‘COLLINS COLLINS MUIR + STEWARTu: 11999 Harrison St, St0.1700, Oakland, CA 94612 Phone (510) 844-5100 Fax (610) 844.5101, YOUQIN CAO and XINRONG JIANG v, CALIFORNIA HOME BUILDERS & DESIGN, INC.,, et al. SANTA CLARA COUNTY SUPERIOR COURT CASE NO. 17CV310601 OUR FILE NO. 20705 SERVICE LIST Jeffrey H. Belote, Esq. CLARK HILL LLP One Embarcadero Center, Suite 400 San Francisco, CA 94111 415-984-8500 — Fax: 415-984-8599 ibelote@clarkhill.com ATTORNEYS FOR PLAINTIFFS YOUQUIN CAO & XINRONG JIANG Kevin P. Kennedy, Esq. E. Val Meneses, Esq. KENNEDY & SOUZA, APC 7964 Arjons Drive, Suite I San Diego, CA 92126 858-267-4127 — Fax: 858-267-4128 kkennedy@kennedysouza.com ymeneses@kennedysouza.com ASSOCIATED COUNSEL FOR CALIFORNIA HOMES AND KITCHEN DESIGN CENTER, INC., and CALIFORNIA HOME BUILDERS & DESIGN, INC. 20705 4 Brian Preston, Esq. LAW OFFICES OF BRIAN PRESTON 111 North Market Street, Suite 705 San Jose, CA 95113 ATTORNEY FOR CALIFORNIA HOMES AND KITCHEN DESIGN CENTER, INC., and CALIFORNIA HOME BUILDERS & DESIGN, INC. NOTICE OF ENTRY OF ORDER RE: EX PARTE HEARING TO CONTINUE TRIAL