Preview
170V308393
Santa Clara — Civil
Sys Syeem
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Candice Hamant 184016 Darrell V Nguyen 228959 Electronically Filed
Tyson & Mendes, LLP .
523 4th Street, Suite 100 by Superior Court of CA,
San Rafael, CA 94901 County of Santa Clara,
TetepHoneno: (628) 253-5070 —— raxno(optonay: (415) 785-3165 | on 4/8/2020 3:32 PM
E-MAIL ADDRESS (Optionay: nguyen@tysonmendes.com Reviewed By: System System
ATTORNEY FOR (Name): CCOSS - Defendant Case #17CV308393
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara Envelope: 4239699
streetappress: 191 N 1st Street
MAILING ADDRESS:
cityanpzipcooe: San Jose, CA 95113
BRANCH NAME:
PLAINTIFF/PETITIONER: Shannon Gaines
DEFENDANT/RESPONDENT: T. Miller Construction, Inc.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [{] UNLIMITED CASE (J timitep case 17C0V308393
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date. 4/28/2020 Time: 10:00 a.m. Dept: 9 Div.: Room:
Address of court (if different from the address above):
[K) Notice of Intent to Appear by Telephone, by (name): Darrell V. Nguyen
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. [X] This statement is submitted by party (name): Centaur Plumbing dba Echo Plumbing
b. [2] 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):
b. [2] The cross-complaint, if any, was filed on (date):
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. [) The following parties named in the complaint or cross-complaint
(1) [2] have not been served (specify names and explain why not):
(2) [C) have been served but have not appeared and have not been dismissed (specify names):
(3) OQ 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 CC complaint [A] cross-complaint (Describe, including causes of action):
Equitable indemnity in construction delay and defect claim involving
a single-family residence
Page 1 of 5
Form Adopted for Mandatory User, : Cal. Rules of Coun,
‘luda CounclofGalfoma” CEB! | Essential CE aoe Stale Mens rules 9 720°8796
‘CM-110 (Rev. July 1, 2011] ©\Forms www.courts.ca.gov
19-1242 GainesCM-110
PLAINTIFF/PETITIONER:Shannon Gaines CASE NUMBER:
17CV308393
DEFENDANT/RESPONDENT: T. Miller Construction, Inc.
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
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff alleges various areas of construction delay and
defect/damage in her home. Cross-defendant Centaur Plumbing dba Echo
Plumbing was sued for indemnification.
(CC) (if more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request [XQ ajurytrial (2) anonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. (C) The trial has been set for (date):
b. [XJ 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):
See attached.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [XQ] days (specify number): 7-10 days
b. [) hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [K) 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:
CC) Aaditional representation is described in Attachment 8.
9. Preference
CC) 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 [XJhas [ J 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 [L) has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) (2) 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) () 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) (2) 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):
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5
CB} Essential
cehcom | [2|Forms: 19-1242 GainesCM-110
PLAINTIFF/PETITIONER:Shannon Gaines
DEFENDANT/RESPONDENT: T. Miller Construction, Inc.
CASE NUMBER:
17CV308393
The party or parties completing
this form are willing to
participate in the following ADR
processes (check all that apply):
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):
If the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties' ADR
stipulation):
(1) Mediation Q
[&) Mediation session not yet scheduled
() Mediation session scheduled for (date):
() Agreed to complete mediation by (date):
() Mediation completed on (date):
(2) Settlement
conference
[K) Settlement conference not yet scheduled
CC) Settlement conference scheduled for (date):
[-) Agreed to complete settlement conference by (date):
CC) Settlement conference completed on (date):
(3) Neutral evaluation oO
() Neutral evaluation not yet scheduled
(2) Neutral evaluation scheduled for (date):
(C) Agreed to complete neutral evaluation by (date):
() Neutral evaluation completed on (date):
(4) Nonbinding judicial oO
arbitration
() Judicial arbitration not yet scheduled
(C) Judicial arbitration scheduled for (date):
(2) Agreed to complete judicial arbitration by (date):
(C) Judicial arbitration completed on (date):
(5) Binding private =
arbitration
() Private arbitration not yet scheduled
() Private arbitration scheduled for (date):
(2) Agreed to complete private arbitration by (date):
() Private arbitration completed on (date):
(6) Other (specify): =
(CV ADR session not yet scheduled
(CJ ADR session scheduled for (date):
oO Agreed to complete ADR session by (date):
(2) ADR completed on (date):
(CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 ofS
Essential
2\Forms
CEB
ceb.com
19-1242 GainesCM-110
DEFENDANT/RESPONDENT: T. Miller Construction, Inc.
PLAINTIFF/PETITIONER: Shannon Gaines CASE NUMBER:
17CV308393
11. Insurance
a. [X) Insurance carrier, if any, for party filing this statement (name): MetLife Auto & Home Business Insurance
b. Reservation of rights: [J Yes [J No
c. [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 (2) 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:
[CC] Additional cases are described in Attachment 13a.
b. [.) Amotionto [J consolidate (2) 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
[K) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motions in Limine
16. Discovery
a. [C] The party or parties have completed all discovery.
b. [L] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Per Special Master CMO
c. [2] 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
CEB | Eszential
cehcom | f2)Forms: 19-1242 GainesCM-110
PLAINTIFF/PETITIONER: Shannon Gaines CASE NUMBER:
17CV308393
DEFENDANT/RESPONDENT: T. Miller Construction, 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
() 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. [&] 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): Through Special Master
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): eee
| 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: 4/8/20
Darrel] Nguyen » thu type
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OF ATTORNEY)
»
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(2) Additional signatures are attached.
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of S
CEB’| Essential
19-1242 GainesJames E. Sell (SBN 135935) — Unavailable Dates per
Paragraph 6.c. to Case Management Conference Statement
Trial Case Venue
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Gaines v. T. Miller
Santa Clara Superior Court Case No.: 17CV308393
PROOF OF SERVICE
I declare that:
Iam a citizen of the United States, employed in the County of Marin, California, over the
age of eighteen years, and not a party to the within cause. My business address is 523 Fourth
Street, Suite 100, San Rafael, California, 94901. I served the within: CASE MANAGEMENT
STATEMENT
PARTIES SERVED: SEE ATTACHED
x (BY FILE& SERVEXPRESS) I electronically served the above-referenced document(s)
through File&ServeXpress on the recipients designated on the Transaction Receipt located
on the File& Serve website. This service complies with CCP 1013(a) and California
Rules of Court, Rule 2.251(i)(1).
I certify and declare under penalty of perjury that the foregoing is true and correct and that
this declaration was executed on April 8, 2020, at San Rafael, California.
Qudateully.
Juljet Kelly UUV F BN
Gaines v. T. Miller
Santa Clara Superior Court Case No.: 17CV308393
SERVICE LIST
Plaintiff Sharon Gaines
Daniel J. Mash
McPharlin Sprinkles & Thomas, LLP
160 W. Santa Clara Street, Suite 400
San Jose, CA 95113
Tel: 408-293-1900
Fax: 408-293-1999
dmash@mstpartners.com
cminnis@mstpartners.com
T. Miller Construction
Todd A. Fisher Bryan P.
Kerney Fisher Kerney, LP
2600 Garden Road, Suite 222
Monterey, CA 93940
Tel: 831-372-9200
Fax: 831-372-9220
taf@fk-legal.com bpk@fk-legal.com
Bruce Mechanical
Julie D. McElroy
Jacobsen McElroy, PC
2401 American River Dr., Ste. 100
Sacramento, CA 95825
Tel: 916-971-4100
Fax: 916-971-4150
jmcelroy@jacobsenmcelroy.com
Fernandez Painting
Todd A. Jones
Kevin Lee
Mokri Vanis & Jones, LLP
2251 Fair Oaks Blvd., Suite 100
Sacramento, CA 95825-5537
Tel: (916) 306-0434
Fax: (916) 307-6353
tjones@myjllp.com
Brett Shelton Roofing, SDA Shelton
Roofing
Timothy J. McCaffery
McCaffery Hosking, LLP
1777 Botelho Drive, Suite 360
Walnut Creek, CA 94596
T: (510) 610-8709
F: (925) 705-7131
tim@mhfirm.law
Southwest Door
Paul Caleo
Mark J. Heisey
BURNHAM BROWN
1901 Harrison Street, Suite 1400
Oakland, CA 94612
Mailing:
P.O. Box 119, Oakland, CA 94604-0119
Te (510) (510) 444-6800
F: (519) (510) 835-6666
pealeo@burnhambrown.com
mheisey@burnhambrown.com
[Ramsel Iron
lordan A. Rodman
[Karin L. Landry
IRODMAN & ASSOCIATES PC
149 Stony Circle, Suite 210
Santa Rosa, California 95401
(Tel: (707) 278-9878
Fax: (707) 278-9880
jordman@rodman-law.com
klandry@rodman-law.com
Bradley A. Bening Willoughby, Stuart,
Bening & Cook Fairmont Plaza
50 W. San Fernando St., Suite 400
San Jose, CA 95113
Tel: (408) 494-9209
brad@wwsbclawyeres.com
Assistant Sheila (408) 494-9215
O Checked when served
Centext Legal
333 W. Santa Clara Street, #1 San
Jose, CA 95113
Tel: 408-478-4700
Fax: 408-478-4701
O Checked when served
Preview
170V308393 Santa Clara — Civil Sys Syeem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Candice Hamant 184016 Darrell V Nguyen 228959 Electronically Filed Tyson & Mendes, LLP . 523 4th Street, Suite 100 by Superior Court of CA, San Rafael, CA 94901 County of Santa Clara, TetepHoneno: (628) 253-5070 —— raxno(optonay: (415) 785-3165 | on 4/8/2020 3:32 PM E-MAIL ADDRESS (Optionay: nguyen@tysonmendes.com Reviewed By: System System ATTORNEY FOR (Name): CCOSS - Defendant Case #17CV308393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara Envelope: 4239699 streetappress: 191 N 1st Street MAILING ADDRESS: cityanpzipcooe: San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: Shannon Gaines DEFENDANT/RESPONDENT: T. Miller Construction, Inc. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [{] UNLIMITED CASE (J timitep case 17C0V308393 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date. 4/28/2020 Time: 10:00 a.m. Dept: 9 Div.: Room: Address of court (if different from the address above): [K) Notice of Intent to Appear by Telephone, by (name): Darrell V. Nguyen INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. [X] This statement is submitted by party (name): Centaur Plumbing dba Echo Plumbing b. [2] 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): b. [2] The cross-complaint, if any, was filed on (date): 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. [) The following parties named in the complaint or cross-complaint (1) [2] have not been served (specify names and explain why not): (2) [C) have been served but have not appeared and have not been dismissed (specify names): (3) OQ 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 CC complaint [A] cross-complaint (Describe, including causes of action): Equitable indemnity in construction delay and defect claim involving a single-family residence Page 1 of 5 Form Adopted for Mandatory User, : Cal. Rules of Coun, ‘luda CounclofGalfoma” CEB! | Essential CE aoe Stale Mens rules 9 720°8796 ‘CM-110 (Rev. July 1, 2011] ©\Forms www.courts.ca.gov 19-1242 GainesCM-110 PLAINTIFF/PETITIONER:Shannon Gaines CASE NUMBER: 17CV308393 DEFENDANT/RESPONDENT: T. Miller Construction, Inc. 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff alleges various areas of construction delay and defect/damage in her home. Cross-defendant Centaur Plumbing dba Echo Plumbing was sued for indemnification. (CC) (if more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request [XQ ajurytrial (2) anonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. (C) The trial has been set for (date): b. [XJ 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): See attached. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [XQ] days (specify number): 7-10 days b. [) hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [K) 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: CC) Aaditional representation is described in Attachment 8. 9. Preference CC) 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 [XJhas [ J 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 [L) has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) (2) 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) () 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) (2) 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): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CB} Essential cehcom | [2|Forms: 19-1242 GainesCM-110 PLAINTIFF/PETITIONER:Shannon Gaines DEFENDANT/RESPONDENT: T. Miller Construction, Inc. CASE NUMBER: 17CV308393 The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): 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): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties' ADR stipulation): (1) Mediation Q [&) Mediation session not yet scheduled () Mediation session scheduled for (date): () Agreed to complete mediation by (date): () Mediation completed on (date): (2) Settlement conference [K) Settlement conference not yet scheduled CC) Settlement conference scheduled for (date): [-) Agreed to complete settlement conference by (date): CC) Settlement conference completed on (date): (3) Neutral evaluation oO () Neutral evaluation not yet scheduled (2) Neutral evaluation scheduled for (date): (C) Agreed to complete neutral evaluation by (date): () Neutral evaluation completed on (date): (4) Nonbinding judicial oO arbitration () Judicial arbitration not yet scheduled (C) Judicial arbitration scheduled for (date): (2) Agreed to complete judicial arbitration by (date): (C) Judicial arbitration completed on (date): (5) Binding private = arbitration () Private arbitration not yet scheduled () Private arbitration scheduled for (date): (2) Agreed to complete private arbitration by (date): () Private arbitration completed on (date): (6) Other (specify): = (CV ADR session not yet scheduled (CJ ADR session scheduled for (date): oO Agreed to complete ADR session by (date): (2) ADR completed on (date): (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 ofS Essential 2\Forms CEB ceb.com 19-1242 GainesCM-110 DEFENDANT/RESPONDENT: T. Miller Construction, Inc. PLAINTIFF/PETITIONER: Shannon Gaines CASE NUMBER: 17CV308393 11. Insurance a. [X) Insurance carrier, if any, for party filing this statement (name): MetLife Auto & Home Business Insurance b. Reservation of rights: [J Yes [J No c. [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 (2) 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: [CC] Additional cases are described in Attachment 13a. b. [.) Amotionto [J consolidate (2) 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 [K) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motions in Limine 16. Discovery a. [C] The party or parties have completed all discovery. b. [L] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Per Special Master CMO c. [2] 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 CEB | Eszential cehcom | f2)Forms: 19-1242 GainesCM-110 PLAINTIFF/PETITIONER: Shannon Gaines CASE NUMBER: 17CV308393 DEFENDANT/RESPONDENT: T. Miller Construction, 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 () 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. [&] 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): Through Special Master 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): eee | 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: 4/8/20 Darrel] Nguyen » thu type (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OF ATTORNEY) » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (2) Additional signatures are attached. CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of S CEB’| Essential 19-1242 GainesJames E. Sell (SBN 135935) — Unavailable Dates per Paragraph 6.c. to Case Management Conference Statement Trial Case Venue 5/4/2020 Guzman v. AMF Alameda 5/8/2020 Gannon v. Arabright Contra Costa 5/11/2020 Lo v. Premier Staffing San Joaquin 5/18/2020 Jones v. Trader Joe’s Alameda 6/1/2020 Martinez- Marin v. Caltrans Alameda 06/08/2020 Gonzales v. Bettendorf Placer 06/08/2020 Volken v. Trader Joe’s San Francisco 6/08/2020 Nogaki v. O’Sullivan San Francisco 6/15/2020 Caldwell v. Hill Alameda 6/29/2020 Gibbs-Smith v. Uber AAA Arbitration Hearing 7/20/2020 Mason v. Uber San Francisco 7/24/2020 Golden State v. Burns Alameda 7/27/2020 Kendall v. Uber San Francisco 8/3/2020 Davila v. City of Berkeley Alameda 8/10/2020 Brown v. Uber San Francisco 8/14/2020 Osorio v. Uber Alameda 8/14/2020 Ray v. OC Jones Alameda 8/17/2020 Gurrola v. Uber San Francisco 8/24/2020 Parekh v. Western Allied San Mateo 8/28/2020 Tnong v. The Gap Sonoma 8/31/2020 Abdallah v. Aguirre Sacramento 9/8/2020 Kraber v. Peyvan Contra Costa 9/8/2020 The Roman Catholic v. Taber Alameda 9/8/2020 Wu v. Gillespie San Francisco 9/11/2020 Rowley v. Lourdeaux Sonoma 9/14/2020 Borba v. J&C San Joaquin 9/18/2020 Vancil v. City of Oakley Contra Costa 9/28/2020 Nguyen v. Tesla Alameda 10/5/2020 Stratton v. Ruffo Santa Clara 10/5/2020 Johnson v. Reynolds San Francisco 10/06/2020 Chan v. Coyne Marin 10/8/2020 GW Williams v. GE Construction San Mateo 10/12/2020 Guardado-Imrie vs Siguenza Sonoma 10/16/2020 Guardado v. Sigue Santa Clara 4/8/202010/19/2020 Crestbrook v. 2011 California San Francisco 10/19/2020 Gould v. Uber San Francisco 10/26/2020 Degala v. John Stewart San Francisco 10/26/2020 Decanio v. Guzman Madera 10/29/2020 State Farm v. Shamrock Marin 11/2/2020 Stout v. Ollendorf Marin 11/02/2020 Karam v. Moore Santa Cruz 11/09/2020 Gwaltney v Fultz Napa 11/09/2020 Morris v. Parra Alameda 11/13/2020 Johnson v. Trader Joe’s Alameda 11/23/2020 Velarde v. Uber San Francisco 11/24/2020 Ecology v. ERRG USDC - Eastern 12/14/2020 Pedroncelli v. Oakland Alameda 12/18/2020 MDR-TFTP, LLC v. Air One Sonoma 01/07/2021 Gordon v. Donecho San Mateo 01/11/2021 CRP/WP Alta Waverly v ABC Security Alameda 01/21/2021 Silcock v. Schalich Marin 1/22/2021 Oura v. Creative Roofing Sonoma 1/25/2021 Yuv. YMCA San Francisco 02/01/2021 Wilson v. Ryder San Francisco 02/16/2021 Nelle v. Uber Sacramento 3/01/2021 Chua v Torres Alameda 3/8/2021 Libick v. EA Hathaway LA Superiopr 3/08/2021 State of Cal v. Pineda San Joaquin 3/15/2021 King v. Cavalry Alameda 04/26/2021 Fujita v. Uber San Francisco 05/10/2021 Miller v. Greystar Alameda 7/30/2021 Boguski v. Tantara Transportation AlamedaAU F Bo N Gaines v. T. Miller Santa Clara Superior Court Case No.: 17CV308393 PROOF OF SERVICE I declare that: Iam a citizen of the United States, employed in the County of Marin, California, over the age of eighteen years, and not a party to the within cause. My business address is 523 Fourth Street, Suite 100, San Rafael, California, 94901. I served the within: CASE MANAGEMENT STATEMENT PARTIES SERVED: SEE ATTACHED x (BY FILE& SERVEXPRESS) I electronically served the above-referenced document(s) through File&ServeXpress on the recipients designated on the Transaction Receipt located on the File& Serve website. This service complies with CCP 1013(a) and California Rules of Court, Rule 2.251(i)(1). I certify and declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on April 8, 2020, at San Rafael, California. Qudateully. Juljet Kelly UUV F BN Gaines v. T. Miller Santa Clara Superior Court Case No.: 17CV308393 SERVICE LIST Plaintiff Sharon Gaines Daniel J. Mash McPharlin Sprinkles & Thomas, LLP 160 W. Santa Clara Street, Suite 400 San Jose, CA 95113 Tel: 408-293-1900 Fax: 408-293-1999 dmash@mstpartners.com cminnis@mstpartners.com T. Miller Construction Todd A. Fisher Bryan P. Kerney Fisher Kerney, LP 2600 Garden Road, Suite 222 Monterey, CA 93940 Tel: 831-372-9200 Fax: 831-372-9220 taf@fk-legal.com bpk@fk-legal.com Bruce Mechanical Julie D. McElroy Jacobsen McElroy, PC 2401 American River Dr., Ste. 100 Sacramento, CA 95825 Tel: 916-971-4100 Fax: 916-971-4150 jmcelroy@jacobsenmcelroy.com Fernandez Painting Todd A. Jones Kevin Lee Mokri Vanis & Jones, LLP 2251 Fair Oaks Blvd., Suite 100 Sacramento, CA 95825-5537 Tel: (916) 306-0434 Fax: (916) 307-6353 tjones@myjllp.com Brett Shelton Roofing, SDA Shelton Roofing Timothy J. McCaffery McCaffery Hosking, LLP 1777 Botelho Drive, Suite 360 Walnut Creek, CA 94596 T: (510) 610-8709 F: (925) 705-7131 tim@mhfirm.law Southwest Door Paul Caleo Mark J. Heisey BURNHAM BROWN 1901 Harrison Street, Suite 1400 Oakland, CA 94612 Mailing: P.O. Box 119, Oakland, CA 94604-0119 Te (510) (510) 444-6800 F: (519) (510) 835-6666 pealeo@burnhambrown.com mheisey@burnhambrown.com [Ramsel Iron lordan A. Rodman [Karin L. Landry IRODMAN & ASSOCIATES PC 149 Stony Circle, Suite 210 Santa Rosa, California 95401 (Tel: (707) 278-9878 Fax: (707) 278-9880 jordman@rodman-law.com klandry@rodman-law.com Bradley A. Bening Willoughby, Stuart, Bening & Cook Fairmont Plaza 50 W. San Fernando St., Suite 400 San Jose, CA 95113 Tel: (408) 494-9209 brad@wwsbclawyeres.com Assistant Sheila (408) 494-9215 O Checked when served Centext Legal 333 W. Santa Clara Street, #1 San Jose, CA 95113 Tel: 408-478-4700 Fax: 408-478-4701 O Checked when served