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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) cm10
JONATHAN C. BACON (CA BAR NO. 111267) FOR COURT USE ONLY
MOKRI, VANIS & JONES LLP
2251 Fair Oaks BI., Suite 100
Sacramento, CA 95925
TELEPHONE NO. 925-375-1854 FAX NO. (Optiona: 916-307-6353
E-MalL ADDRESS (Optional): jbacon@myjllp.com
ATTORNEY FOR (Name): X-Def. Shelton Roofing, Inc.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
street appress: 191 N. First Street
MAILING ADDRESS:
city ano zip cove: San Jose, CA 95113
BRANCH NAME:
PLAINTIFF/PETITIONER: SHANNON GAINES
DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL.
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one): x UNLIMITED CASE Oo LIMITED CASE 17C1V308393
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 7, 2020 Time: 10:00 a.m. Dept.: 9 Div.: Room:
Address of court (if different from the address above):
Oo Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the
specified information must be provided.
Party or parties (answer one):
a. Dd This statement is submitted by party (name): X-Def. SHELTON ROOFING,
INC.
b. [] 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. oO The cross-complaint, if any, was filed on (date).
Service (fo be answered by plaintiffs and cross-complain
ants only)
a Oo All parties named in the complaint and cross-complaint have been
served, have appeared, or have been dismissed.
6 OF The following parties named in the complaint or cross-complain
t
(1) [1 have not been served (specify names and explain why not)
(2) oO 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):
c. Oo 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. Typ
of e
case in [X] complaint —] cross-complaint (Describe, including causes of action):
Construction Defect
Form Adopted for Mandatory Use Page 1 0f5
Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court
CM-110 (Rev. July 1, 2011] rules 3.720-3 730
ww courts.ca. gov
Ameri Ne
www For
CM-110
PLAINTIFF/PETITIONER: SHANNON GAINES CASE NUMBER:
17CV308393
DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL.
|
4 b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury
and
damages claimed, including medical expenses to date [indicate source and amount}, estimated future
medical expenses, lost
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Miscellaneous alleged defects in a single family home located at 14345 Maclay Court, Saratoga.
(1 (fmore space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request ki a jury trial DO anoniury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a (1 The trial has been set for (date):
b. [X] 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):
¢ Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
TRIALS: 1/13/20; 1/21/20; 2/10/20; 2/21/20; 3/2/20; 5/2/20; 9/14/20; 11/9/20; 5/3/21
Estimated length of trial
The party or parties estimate that the trial will take (check one).
a. EX] days (specify number): 20
b OF hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial JJ by the attorney or party listed in the caption C1 by the following:
a Attorney:
b. Firm:
c. Address:
d Telephone number: f. Fax number:
e E-mail address: g. Party represented:
Os 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 [X]_ has C1 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 (7 has not reviewed the ADR information package identified in rule 3.221.
b Referral to judicial arbitration or civil action mediation (if available).
MO This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
@oO 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 O 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] Page 2 of 5
CASE MANAGEMENT STATEMENT
American LegalN
ww Forms!
ke
CM-110
PLAINTIFF/PETITIONER: SHANNON GAINES CASE NUMBER
17CV308393
FENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL
10. c. Indicate the ADR process or processes that the party or parties are willing
to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information
):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
Participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): | stipulation):
& Mediation session not yet scheduled
(1) Mediation
oO Mediation session scheduled for (date):
oO Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date) :
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
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
(6) Other (specify) ADR session scheduled for (date):
Agreed to complete ADR session by (date).
ADR completed on (date):
(ClM-110 (Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 3 of 5
American LegalNet, I
sms WorkFlo
CM-110
[ PLAINTIFF/PETITIONER: SHANNON GAINES CASE NUMBER,
Co EFENDANT/RESPONDENT:T. MILLER CONSTRUCTION, INC. ET AL
17CV308393
11. Insurance
a & Insurance carrier, if any, for party filing this statement (name): Ironshore Specialty Insurance Company
b. Reservation of rights: ] yes OJ No
c. L] 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.
C1) Bankruptcy [] Other (specify):
Status:
13. Related cases, consolidation, and coordination
a (1 There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
(1 Additional cases are described in Attachment 13a.
b. O Amotion to oO consolidate Oo coordinate will be filed by (name party):
14. Bifurcation
OO 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
EX] 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 The party or parties have completed all discovery
b 11 The following discovery will be completed by the date specified (describe all anticipated discovery):
Part Descriptio Date
Per Special Master/Pre-Trial Order
c. o The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 (Rev. July 1, 2011] Page 40f 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: SHANNON GAINES | CASE NUMBER:
17CV308393
DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL
17. Economic litigation
a. [1 This isa limited civil case (.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. oO 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): Continuing entry of additional parties which will delay forward progress.
19. Meet and confer
a The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of
Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: December 30, 2019
Jonathan C. Bacon
(TYPE OR PRINT NAME)
» Arveor—
UV (SIGNATURE OF PARTY OR ATTORNEY)
>
(TYPE OR PRINT NAME} [SIGNATURE OF PARTY OR ATTORNEY)
C0 Additional signatures are attached
(CM-110 (Rev. July 1, 2011] Page Sof 5
CASE MANAGEMENT STATEMENT
Am I
www FormsWorkFlow,
PROOF OF SERVICE
Name of Action: Gaines y. T. Miller Construction, Inc.
Court and Action No: Santa Clara County Superior Court Action No. 17CV308393
I, Yolanda Bullock, declare that I am over the age ofeighteen years and not a party to this
action or proceeding. My business address is 2251 Fair Oaks Blvd, Suite 100, Sacramento CA
95828. On the date listed below, I caused the following document(s) to be served:
SHELTON ROOFING, INC.’S - CASE MANAGEMENT STATEMENT (1/7/20)
I electronically served the above-referenced document(s) through
File&ServeXpress. E-Mail. E-service in this action was completed on all parties listed
on the service list maintained by File&ServeXpress. This service complies with the
Court’s Order in this case
I declare under penalty of perjury that the foregoing is true and correct. Executed on
December 30, 2019.
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Yo) iid tf (CK
14 Yolanda Bullock,
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PROOF OF SERVICE
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) cm10 JONATHAN C. BACON (CA BAR NO. 111267) FOR COURT USE ONLY MOKRI, VANIS & JONES LLP 2251 Fair Oaks BI., Suite 100 Sacramento, CA 95925 TELEPHONE NO. 925-375-1854 FAX NO. (Optiona: 916-307-6353 E-MalL ADDRESS (Optional): jbacon@myjllp.com ATTORNEY FOR (Name): X-Def. Shelton Roofing, Inc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA street appress: 191 N. First Street MAILING ADDRESS: city ano zip cove: San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: SHANNON GAINES DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): x UNLIMITED CASE Oo LIMITED CASE 17C1V308393 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 7, 2020 Time: 10:00 a.m. Dept.: 9 Div.: Room: Address of court (if different from the address above): Oo Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. Dd This statement is submitted by party (name): X-Def. SHELTON ROOFING, INC. b. [] 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. oO The cross-complaint, if any, was filed on (date). Service (fo be answered by plaintiffs and cross-complain ants only) a Oo All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. 6 OF The following parties named in the complaint or cross-complain t (1) [1 have not been served (specify names and explain why not) (2) oO 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): c. Oo 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. Typ of e case in [X] complaint —] cross-complaint (Describe, including causes of action): Construction Defect Form Adopted for Mandatory Use Page 1 0f5 Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court CM-110 (Rev. July 1, 2011] rules 3.720-3 730 ww courts.ca. gov Ameri Ne www For CM-110 PLAINTIFF/PETITIONER: SHANNON GAINES CASE NUMBER: 17CV308393 DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL. | 4 b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount}, estimated future medical expenses, lost eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Miscellaneous alleged defects in a single family home located at 14345 Maclay Court, Saratoga. (1 (fmore space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request ki a jury trial DO anoniury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a (1 The trial has been set for (date): b. [X] 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): ¢ Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): TRIALS: 1/13/20; 1/21/20; 2/10/20; 2/21/20; 3/2/20; 5/2/20; 9/14/20; 11/9/20; 5/3/21 Estimated length of trial The party or parties estimate that the trial will take (check one). a. EX] days (specify number): 20 b OF hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial JJ by the attorney or party listed in the caption C1 by the following: a Attorney: b. Firm: c. Address: d Telephone number: f. Fax number: e E-mail address: g. Party represented: Os 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 [X]_ has C1 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 (7 has not reviewed the ADR information package identified in rule 3.221. b Referral to judicial arbitration or civil action mediation (if available). MO This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. @oO 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 O 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] Page 2 of 5 CASE MANAGEMENT STATEMENT American LegalN ww Forms! ke CM-110 PLAINTIFF/PETITIONER: SHANNON GAINES CASE NUMBER 17CV308393 FENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information ): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, Participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): | stipulation): & Mediation session not yet scheduled (1) Mediation oO Mediation session scheduled for (date): oO Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date) : Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): 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 (6) Other (specify) ADR session scheduled for (date): Agreed to complete ADR session by (date). ADR completed on (date): (ClM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, I sms WorkFlo CM-110 [ PLAINTIFF/PETITIONER: SHANNON GAINES CASE NUMBER, Co EFENDANT/RESPONDENT:T. MILLER CONSTRUCTION, INC. ET AL 17CV308393 11. Insurance a & Insurance carrier, if any, for party filing this statement (name): Ironshore Specialty Insurance Company b. Reservation of rights: ] yes OJ No c. L] 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. C1) Bankruptcy [] Other (specify): Status: 13. Related cases, consolidation, and coordination a (1 There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: (1 Additional cases are described in Attachment 13a. b. O Amotion to oO consolidate Oo coordinate will be filed by (name party): 14. Bifurcation OO 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 EX] 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 The party or parties have completed all discovery b 11 The following discovery will be completed by the date specified (describe all anticipated discovery): Part Descriptio Date Per Special Master/Pre-Trial Order c. o The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 (Rev. July 1, 2011] Page 40f 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: SHANNON GAINES | CASE NUMBER: 17CV308393 DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL 17. Economic litigation a. [1 This isa limited civil case (.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. oO 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): Continuing entry of additional parties which will delay forward progress. 19. Meet and confer a The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: December 30, 2019 Jonathan C. Bacon (TYPE OR PRINT NAME) » Arveor— UV (SIGNATURE OF PARTY OR ATTORNEY) > (TYPE OR PRINT NAME} [SIGNATURE OF PARTY OR ATTORNEY) C0 Additional signatures are attached (CM-110 (Rev. July 1, 2011] Page Sof 5 CASE MANAGEMENT STATEMENT Am I www FormsWorkFlow, PROOF OF SERVICE Name of Action: Gaines y. T. Miller Construction, Inc. Court and Action No: Santa Clara County Superior Court Action No. 17CV308393 I, Yolanda Bullock, declare that I am over the age ofeighteen years and not a party to this action or proceeding. My business address is 2251 Fair Oaks Blvd, Suite 100, Sacramento CA 95828. On the date listed below, I caused the following document(s) to be served: SHELTON ROOFING, INC.’S - CASE MANAGEMENT STATEMENT (1/7/20) I electronically served the above-referenced document(s) through File&ServeXpress. E-Mail. E-service in this action was completed on all parties listed on the service list maintained by File&ServeXpress. This service complies with the Court’s Order in this case I declare under penalty of perjury that the foregoing is true and correct. Executed on December 30, 2019. 11 12 13 Yo) iid tf (CK 14 Yolanda Bullock, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE