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CM-110
"AFTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Daniel J. Mash
McPharlin Sprinkles & Thomas
(Bar # 123678
160 W, Santa Clara Street, Suite 400
Lip
San Jose, CA 95113
TELEPHONE NO: (408) 293-1900 FAxNo. (ptoral: (408) 293-1999
EMail ADDRESS (Options): dmash@mstpartners.com
ATTORNEY FOR (Name: Shannon Gaines, Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
staret aporess: 191 North First Street
main avoress: 191 North First Street
city ano zip cove: San Jose 95113
BRANCH NAME:
PLAINTIFF/PETITIONER: Shannon Gaines, an individual
DEFENDANT/RESPONDENT: T, Miller Construction, Inc., et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE {_] cimiteD CASE
(Amount demanded {Amount demanded is $25,000 17CV308393
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 28, 2019 Time: 10:00 a.m. Dept.: 9 Div.: Room:
Address of court (if different from the address above):
[_] 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. This statement is submitted by party (name): Shannon Gaines
b. [_] This statement is submitted jointly by parties (names):
Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): April 10, 2017
b. [1] 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
(4) [1 have not been served (specify names and explain why nol).
Q) {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):
c. [1] 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 [1 cross-complaint (Describe, including causes of action):
Breach of Contract and Negligence
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
sudicial Council of California mules 3.720-3.730
‘OM-110 fRv. Juty #, 2011) wwww.couris.ca.gov
LexisNexis® Automated California Judicial Council Forins
CM-110
CASE NUMBER’
PLAINTIFF/PETITIONER: Shannon Gaines, an individual
DEFENDANT/RESPONDENT: T. Miller Construction, Inc., et al. 17CV308393
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.)
Plaintiff alleges Defendant breached an oral agreement to manage and construct the completion of her
home.
[1 (ifmore space is needed, check this box and attach a page designated as Altachment 4b.)
Jury or nonjury trial
The party or parties request a jury trial [Ja nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. [_] The trial has been set for (date):
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):
will not be available for trial (specify dates and explain reasons for unavailability):
©. Dates on which
March 9-10, 20: 5 0,artiesTrial;or February
attomeys
28, 2020, Final Status Conference; June 12, 2020; Mandatory Settlement Conference;
June 8-12, 2020, Trial
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a days (specify number): 7
b. [1 hours (short causes) (specify):
Trial representation (fo be answered for each party)
[1 by the following:
The party or parties will be represented at trial by the attorney or party listed in the caption
a. Attorney:
b Firm:
c. Address:
d Telephone number: f. Fax number:
E-mail address: g. Partly represented:
Additional representation is described in Attachment 8.
Preference
{<"] This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
read
a. ADR information package. Please note that different ADR processes are available in different courts and communities;
available through the
the ADR information package provided by the court under rule 3.221 for information about the processes
court and community programs in this case.
(1) For parties represented by counsel: Counsel has [_] 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 [J has [J has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
MT) Procedure section 1141.11 or to civil action
This matter is subject to mandatory judicial arbitration under Code of Civil |jount
mediation under ‘ode of Civil Procedure section 1775.3 because the am: in controversy does not exceed the
statutory limit.
of
@C) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code
Civil Procedure section 1141.11.
action
@E) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Page
2 of 5
CM-110 fRov. July 1, 2011} CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Couneil Forms
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Shannon Gaines, an individual
17CV308393
PEFENDANT/RESPONDENT: ‘Miller Construction, Inc., et al.
participate in, or
40, c. indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to
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 (atfach a copy of the parties’ ADR
processes (check all that apply): | stipulation):
CI Mediation session not yet scheduled
Co Mediation session scheduled for (date):
(1) Mediation
Co Agreed to complete mediation by (date):
CI Mediation completed on (date):
Co Settlement conference not yet scheduled
(2) Settlement
I Settlement conference scheduled for (date):
conference Co Agreed to complete settlement conference by (date):
Co Settlement conference completed on (date):
CI Neutral evaluation not yet scheduled
CI Neutral evaluation scheduled for (date):
(3) Neutral evaluation
CI Agreed to complete neutral evaluation by (date).
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
{4) Nonbinding judicial
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(8) Binding private
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):
Page 3.ot
Ch-110 (Rev. July 4, 2011] CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Forms
CM-110
CASE NUMBER:
[
PLAINTIFF/PETITIONER: Shannon Gaines, an individual
17CV308393
DEFENDANT/RESPONDENT: T. Miller Construction, Inc., et al.
41, Insurance
a. [5 insurance carrier, if any, for party filing this statement (name):
b, Reservation of rights: [I ves No
c, [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 Bankruptcy [“~] Other (specify):
Status:
43, 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: i
[J Additional cases are described in Attachment 13a.
b. [_) Amotion to [—] consolidate [1 coordinate will be filed by (name party):
44, Bifurcation
causes of
{_~] The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or
action (specify moving party, type of motion, and reasons):
15. Other motions
and issues):
C__] The party or parties expect to file the following motions before trial (specify moving party, type of motion,
16, Discovery
a: [__] The party or parties have completed all discovery.
b. [_] The following discovery will be completed by the date specified (describe all anticipated discovery):
De: ion Date
Party
are
c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information,
anticipated (specify):
Pages ofS
GM-110 {Rev, July 1, 2011} CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Forms
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Shannon Gaines, an individual
| 17CV308393
DEFENDANTIRESPONDENT: T, Miller Construction, 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
shoutd 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):
A destructive testing took place on April 23, 2019, the results of which brought to light that further
destructive testing will be necessary. A further case management conference 90 days out is requested.
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,
at the time of
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues
the case management conference, including the written authority of the party where required.
Date: May 13, 2019
Daniel J. Mash r f
frZ ~ {[—
(StonaTURE DF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
(FYPE OR PRINT NAME)
> (SIGNATURE OF PARTY OR ATTORNEY)
[] Additional signatures are attached.
CM-140 [Rev. July
1, 2011] Pago 6 of 6
CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Forms
Preview
CM-110 "AFTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Daniel J. Mash McPharlin Sprinkles & Thomas (Bar # 123678 160 W, Santa Clara Street, Suite 400 Lip San Jose, CA 95113 TELEPHONE NO: (408) 293-1900 FAxNo. (ptoral: (408) 293-1999 EMail ADDRESS (Options): dmash@mstpartners.com ATTORNEY FOR (Name: Shannon Gaines, Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA staret aporess: 191 North First Street main avoress: 191 North First Street city ano zip cove: San Jose 95113 BRANCH NAME: PLAINTIFF/PETITIONER: Shannon Gaines, an individual DEFENDANT/RESPONDENT: T, Miller Construction, Inc., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE {_] cimiteD CASE (Amount demanded {Amount demanded is $25,000 17CV308393 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 28, 2019 Time: 10:00 a.m. Dept.: 9 Div.: Room: Address of court (if different from the address above): [_] 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. This statement is submitted by party (name): Shannon Gaines b. [_] This statement is submitted jointly by parties (names): Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): April 10, 2017 b. [1] 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 (4) [1 have not been served (specify names and explain why nol). Q) {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): c. [1] 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 [1 cross-complaint (Describe, including causes of action): Breach of Contract and Negligence Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, sudicial Council of California mules 3.720-3.730 ‘OM-110 fRv. Juty #, 2011) wwww.couris.ca.gov LexisNexis® Automated California Judicial Council Forins CM-110 CASE NUMBER’ PLAINTIFF/PETITIONER: Shannon Gaines, an individual DEFENDANT/RESPONDENT: T. Miller Construction, Inc., et al. 17CV308393 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.) Plaintiff alleges Defendant breached an oral agreement to manage and construct the completion of her home. [1 (ifmore space is needed, check this box and attach a page designated as Altachment 4b.) Jury or nonjury trial The party or parties request a jury trial [Ja nonjury trial. (if more than one party, provide the name of each party requesting a jury trial): Trial date a. [_] The trial has been set for (date): 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): will not be available for trial (specify dates and explain reasons for unavailability): ©. Dates on which March 9-10, 20: 5 0,artiesTrial;or February attomeys 28, 2020, Final Status Conference; June 12, 2020; Mandatory Settlement Conference; June 8-12, 2020, Trial Estimated length of trial The party or parties estimate that the trial will take (check one): a days (specify number): 7 b. [1 hours (short causes) (specify): Trial representation (fo be answered for each party) [1 by the following: The party or parties will be represented at trial by the attorney or party listed in the caption a. Attorney: b Firm: c. Address: d Telephone number: f. Fax number: E-mail address: g. Partly represented: Additional representation is described in Attachment 8. Preference {<"] This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) read a. ADR information package. Please note that different ADR processes are available in different courts and communities; available through the the ADR information package provided by the court under rule 3.221 for information about the processes court and community programs in this case. (1) For parties represented by counsel: Counsel has [_] 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 [J has [J has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). MT) Procedure section 1141.11 or to civil action This matter is subject to mandatory judicial arbitration under Code of Civil |jount mediation under ‘ode of Civil Procedure section 1775.3 because the am: in controversy does not exceed the statutory limit. of @C) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code Civil Procedure section 1141.11. action @E) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Page 2 of 5 CM-110 fRov. July 1, 2011} CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Couneil Forms CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Shannon Gaines, an individual 17CV308393 PEFENDANT/RESPONDENT: ‘Miller Construction, Inc., et al. participate in, or 40, c. indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to 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 (atfach a copy of the parties’ ADR processes (check all that apply): | stipulation): CI Mediation session not yet scheduled Co Mediation session scheduled for (date): (1) Mediation Co Agreed to complete mediation by (date): CI Mediation completed on (date): Co Settlement conference not yet scheduled (2) Settlement I Settlement conference scheduled for (date): conference Co Agreed to complete settlement conference by (date): Co Settlement conference completed on (date): CI Neutral evaluation not yet scheduled CI Neutral evaluation scheduled for (date): (3) Neutral evaluation CI Agreed to complete neutral evaluation by (date). Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): {4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (8) Binding private 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): Page 3.ot Ch-110 (Rev. July 4, 2011] CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Council Forms CM-110 CASE NUMBER: [ PLAINTIFF/PETITIONER: Shannon Gaines, an individual 17CV308393 DEFENDANT/RESPONDENT: T. Miller Construction, Inc., et al. 41, Insurance a. [5 insurance carrier, if any, for party filing this statement (name): b, Reservation of rights: [I ves No c, [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 Bankruptcy [“~] Other (specify): Status: 43, 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: i [J Additional cases are described in Attachment 13a. b. [_) Amotion to [—] consolidate [1 coordinate will be filed by (name party): 44, Bifurcation causes of {_~] The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or action (specify moving party, type of motion, and reasons): 15. Other motions and issues): C__] The party or parties expect to file the following motions before trial (specify moving party, type of motion, 16, Discovery a: [__] The party or parties have completed all discovery. b. [_] The following discovery will be completed by the date specified (describe all anticipated discovery): De: ion Date Party are c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, anticipated (specify): Pages ofS GM-110 {Rev, July 1, 2011} CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Council Forms CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Shannon Gaines, an individual | 17CV308393 DEFENDANTIRESPONDENT: T, Miller Construction, 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 shoutd 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): A destructive testing took place on April 23, 2019, the results of which brought to light that further destructive testing will be necessary. A further case management conference 90 days out is requested. 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, at the time of as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues the case management conference, including the written authority of the party where required. Date: May 13, 2019 Daniel J. Mash r f frZ ~ {[— (StonaTURE DF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (FYPE OR PRINT NAME) > (SIGNATURE OF PARTY OR ATTORNEY) [] Additional signatures are attached. CM-140 [Rev. July 1, 2011] Pago 6 of 6 CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Council Forms