Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TIMOTHY J. McCAFFERY SBN: 154668
LOMBARDI LOPER & CONANT LLP
1999 Harrison Street, Suite 2600
OAKLAND, CA 94612
TELEPHONE NO.: 510-433-2600 FAX NO. (Optional):5 10-433-2699
E-MAIL ADDRESS (Optiona): jonig@llcllp.com.
ATTORNEY FOR (Name): Cross-Defendant BRETT SHELDON ROOFING
SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CLARA.
sTREET ADDRESS: 191 North First Street
MAILING ADDRESS:]91 North First Street
omy AND IP CODE: San Jose, 95113
BRANCH NAME: Downtown Superior Court
PLAINTIFF/PETITIONER: SHANNON GAINES
DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC., et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE [__] LIMITED CASE
(Amount demanded (Amount demanded is $25,000 | 17©V308393
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:August 21, 2018 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):Timothy McCaffery
INSTRUCTIONS: All dpplicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [3¢] This statement is submitted by party (name): Cross-Defendant BRETT SHELDON ROOFING
b. [-_] This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
The cross-complaint, if any, was filed on (date): Special Master PTO 1 includes deemed cross-complaints
3. Service (to be answered by plaintiffs and cross-complainants only)
a [] al 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) [1 have not been served (specify names and explain why not):
(2) [1 have been served but have not appeared and have not been dismissed (specify names):
(3) [1 have had a default entered against them (specify names):
c. [_] The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in complaint [1 cross-complaint (Describe, including causes of action): This is a single
family construction defect claim.
Page 1 of 6
Form Adopted for Mandatory Us Cal, Rules of Court,
“hidalCounctet Calforia CASE MANAGEMENT STATEMENT rules 3.720-8.730
(CM-110 (Rev. July 1, 2011] wirw.courts.ca.gov
‘Westlaw Doc & Form Bullder=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
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Brett Sheldon Roofing was the roofing sub-contractor hired by the general contractor. Plaintiff claims defects in the roofing.
[) (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 | a jury trial a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a | The trial has been set for (date):
b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain): Complex construction claim
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number):8-10 days
b. [__] hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [5] by the attorney or party listed in the caption [) by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
[) Additional representation is described in Attachment 8.
9. Preference
[] This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has [_] 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 [1] has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
1) This matter is ster. 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.
') [] 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)
This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
SUED esi LOT CASE MANAGEMENT STATEMENT PanzerCM-110
PLAINTIFF/PETITIONER: SHANNON GAINES
DEFENDANT/RESPONDENT:T. MILLER CONSTRUCTION, INC., et al.
[CASE NUMBER:
17CV308393
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
this form are willing to
participate in the following ADR
processes (check all that apply):
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
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
(2) Settlement
conference
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
(3) Neutral evaluation
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
(4) Nonbinding judicial
arbitration
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
(5) Binding private
arbitration
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
(6) Other (specify)
UOUOU;OO0OU;/O000;0000;0000/0000
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 (Rev. July 1, 2071)
Page 30f5
CASE MANAGEMENT STATEMENTCM-110
CASE NUMBER:
17CV308393
PLAINTIFF/PETITIONERSHANNON GAINES
DEFENDANT/RESPONDENT, MILLER CONSTRUCTION, INC., et al.
11. Insurance
nsurance carrier, if any, for party filing this statement (name):Westcap Insurance Services
b. Reservation of rights: No
« LC) 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.
[1] Bankruptcy [] 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:
[1] Additional cases are described in Attachment 13a.
b. L-JAmotionto [7] consolidate [[] coordinate _will be filed by (name party):
14. Bifurcation
[J 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
[J The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
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):
Party Description Date
Special Master Benning will control discovery
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify).
Cm-170 Rev. July 4, 2098 CASE MANAGEMENT STATEMENT Page aorCM-110
PLAINTIFF/PETITIONER: SHANNON GAINES (CASE NUMBER:
= 17CV308393
DEFENDANT/RESPONDENT: T, MILLER CONSTRUCTION, INC., et al.
17. Economic litigation
a. [__] This is a limited civil case (i.., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. [_] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
[The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: August 10, 2018
TIMOTHY J. McCAFFERY » = 5 C
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
»
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[_] Additional signatures are attached
ae 10 Fy. bby ant) CASE MANAGEMENT STATEMENT paieetsaeo
Sa<
ecO
eae
Es
26
LOMBARDI, LOPER & CONANT, LLP
PROOF OF SERVICE
Gaines, Shannon y. T. Miller Construction, Inc., et al.
Santa Clara Superior Court Case No. 17CV308393
I am a resident of the State of California, over 18 years of age and not a party to the
within action. I am employed in the County of Alameda; my business address is: 1999 Harrison
Street, Suite 2600, Oakland, CA 94612. On August 13, 2018, I served the within:
CASE MANAGEMENT STATEMENT
on all parties in this action, as addressed below, by causing a true copy thereof to be distributed
as follows:
Daniel J. Mash, Esq. T: 408-293-1900
McPharlin Sprinkles & Thomas LLP F: 408-293-1999
160 W. Santa Clara St., Ste. 400
San Jose, CA 95113 Attorneys for Plaintiff
Shannon Gaines
Todd A. Fisher, Esq. T: 831-372-9200
Bryan P. Kerney F: 831-372-9220
Fischer Kerney, LLP
2600 Garden Road, Ste. 222 Attorneys . for Defendant and Cross-
Monterey, CA 93940 Complainant
T. Miller Construction, Inc.
Julie D. McElroy, Esq. T: 916-971-4100
Kurtis Anders, Esq. F: 916-971-4150
Karen L. Jacobsen, Esq.
Jacobsen McElroy PC Attorneys for Cross-Defendant
2401 American River Drive #100 Bruce Mechanical, Inc.
Sacramento, CA 95825
Bradley A. Bening Special Master
Willoughby Stuart Bening & Cook
50 W. San Fernando Street, Suite 400
San Jose, CA 95113
& By United States Mail: 1 enclosed the document in a sealed envelope or package addressed to
the persons at the addresses listed above and placed the envelope/package for collection and mailing,
following our ordinary business practices. 1 am readily familiar with this business’s practice for
collecting and processing documents for mailing. On the same day that the document is placed for
collection and mailing, it is deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid. 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
the date of deposit for mailing an affidavit.
1 am a resident or employed in the county where the mailing occurred. The envelope or package was
placed in the mail at Oakland, California.
31358-46664 TJM 689587.1 1
PROOF OF SERVICELOMBARDI, LOPER & CONANT, LLP
1999 Harrison Street, Suite 2600
Oakland, CA 94612-3541
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By Fax Transmission: Based on an agreement of the parties to accept service by fax
transmission, I faxed the documents to the persons at the fax numbers listed above. No error was
reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed
out, is attached.
By Overnight Delivery: I enclosed the document(s) in an envelope or package provided by an
overnight delivery carrier and addressed to the persons listed above. I placed the envelope or package
for collection and overnight delivery at an office or a regularly utilized drop box of the overnight
delivery carrier.
By Personal Service: I personally delivered the documents to the persons at the addresses listed
above. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney’s
office by leaving the documents in an envelope or package clearly labeled to identify the attorney being
served with the receptionist or an individual in charge of the office. (2) For a party, delivery was made
to the party or by leaving the documents at the party’s residence with some person not less than 18 years
of age between the hours of eight in the morning and six in the evening.
By Messenger Service: I served the documents by placing them in an envelope or package
addressed to the persons at the addresses listed above and providing them to a professional messenger
service for service,
By E-Mail or Electronic Transmission: Based on a court order or an agreement of the
parties to accept service by email or electronic transmission, I caused the documents to be sent to the
persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was unsuccessful.
(STATE) | declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
(FEDERAL) | declare under the laws of the United States of America that | am
employed in the office of a member of the Bar of this court at whose direction the
service was made and that the foregoing is true and correct.
Executed on August 13, 2018, at Oakland, California.
Vee. Put
Joni Gordon
31358-46664 TIM 689587.1 2
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TIMOTHY J. McCAFFERY SBN: 154668 LOMBARDI LOPER & CONANT LLP 1999 Harrison Street, Suite 2600 OAKLAND, CA 94612 TELEPHONE NO.: 510-433-2600 FAX NO. (Optional):5 10-433-2699 E-MAIL ADDRESS (Optiona): jonig@llcllp.com. ATTORNEY FOR (Name): Cross-Defendant BRETT SHELDON ROOFING SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CLARA. sTREET ADDRESS: 191 North First Street MAILING ADDRESS:]91 North First Street omy AND IP CODE: San Jose, 95113 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: SHANNON GAINES DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE [__] LIMITED CASE (Amount demanded (Amount demanded is $25,000 | 17©V308393 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:August 21, 2018 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):Timothy McCaffery INSTRUCTIONS: All dpplicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [3¢] This statement is submitted by party (name): Cross-Defendant BRETT SHELDON ROOFING b. [-_] This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): The cross-complaint, if any, was filed on (date): Special Master PTO 1 includes deemed cross-complaints 3. Service (to be answered by plaintiffs and cross-complainants only) a [] al 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) [1 have not been served (specify names and explain why not): (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) [1 have had a default entered against them (specify names): c. [_] The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint [1 cross-complaint (Describe, including causes of action): This is a single family construction defect claim. Page 1 of 6 Form Adopted for Mandatory Us Cal, Rules of Court, “hidalCounctet Calforia CASE MANAGEMENT STATEMENT rules 3.720-8.730 (CM-110 (Rev. July 1, 2011] wirw.courts.ca.gov ‘Westlaw Doc & Form Bullder=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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Brett Sheldon Roofing was the roofing sub-contractor hired by the general contractor. Plaintiff claims defects in the roofing. [) (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 | a jury trial a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a | The trial has been set for (date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): Complex construction claim c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number):8-10 days b. [__] hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [5] by the attorney or party listed in the caption [) by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: [) Additional representation is described in Attachment 8. 9. Preference [] This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has [_] 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 [1] has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). 1) This matter is ster. 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. ') [] 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) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): SUED esi LOT CASE MANAGEMENT STATEMENT PanzerCM-110 PLAINTIFF/PETITIONER: SHANNON GAINES DEFENDANT/RESPONDENT:T. MILLER CONSTRUCTION, INC., et al. [CASE NUMBER: 17CV308393 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 this form are willing to participate in the following ADR processes (check all that apply): 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 Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify) UOUOU;OO0OU;/O000;0000;0000/0000 ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 (Rev. July 1, 2071) Page 30f5 CASE MANAGEMENT STATEMENTCM-110 CASE NUMBER: 17CV308393 PLAINTIFF/PETITIONERSHANNON GAINES DEFENDANT/RESPONDENT, MILLER CONSTRUCTION, INC., et al. 11. Insurance nsurance carrier, if any, for party filing this statement (name):Westcap Insurance Services b. Reservation of rights: No « LC) 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. [1] Bankruptcy [] 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: [1] Additional cases are described in Attachment 13a. b. L-JAmotionto [7] consolidate [[] coordinate _will be filed by (name party): 14. Bifurcation [J 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 [J The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 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): Party Description Date Special Master Benning will control discovery c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify). Cm-170 Rev. July 4, 2098 CASE MANAGEMENT STATEMENT Page aorCM-110 PLAINTIFF/PETITIONER: SHANNON GAINES (CASE NUMBER: = 17CV308393 DEFENDANT/RESPONDENT: T, MILLER CONSTRUCTION, INC., et al. 17. Economic litigation a. [__] This is a limited civil case (i.., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. [_] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues [The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: August 10, 2018 TIMOTHY J. McCAFFERY » = 5 C (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [_] Additional signatures are attached ae 10 Fy. bby ant) CASE MANAGEMENT STATEMENT paieetsaeo Sa< ecO eae Es 26 LOMBARDI, LOPER & CONANT, LLP PROOF OF SERVICE Gaines, Shannon y. T. Miller Construction, Inc., et al. Santa Clara Superior Court Case No. 17CV308393 I am a resident of the State of California, over 18 years of age and not a party to the within action. I am employed in the County of Alameda; my business address is: 1999 Harrison Street, Suite 2600, Oakland, CA 94612. On August 13, 2018, I served the within: CASE MANAGEMENT STATEMENT on all parties in this action, as addressed below, by causing a true copy thereof to be distributed as follows: Daniel J. Mash, Esq. T: 408-293-1900 McPharlin Sprinkles & Thomas LLP F: 408-293-1999 160 W. Santa Clara St., Ste. 400 San Jose, CA 95113 Attorneys for Plaintiff Shannon Gaines Todd A. Fisher, Esq. T: 831-372-9200 Bryan P. Kerney F: 831-372-9220 Fischer Kerney, LLP 2600 Garden Road, Ste. 222 Attorneys . for Defendant and Cross- Monterey, CA 93940 Complainant T. Miller Construction, Inc. Julie D. McElroy, Esq. T: 916-971-4100 Kurtis Anders, Esq. F: 916-971-4150 Karen L. Jacobsen, Esq. Jacobsen McElroy PC Attorneys for Cross-Defendant 2401 American River Drive #100 Bruce Mechanical, Inc. Sacramento, CA 95825 Bradley A. Bening Special Master Willoughby Stuart Bening & Cook 50 W. San Fernando Street, Suite 400 San Jose, CA 95113 & By United States Mail: 1 enclosed the document in a sealed envelope or package addressed to the persons at the addresses listed above and placed the envelope/package for collection and mailing, following our ordinary business practices. 1 am readily familiar with this business’s practice for collecting and processing documents for mailing. On the same day that the document is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 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 the date of deposit for mailing an affidavit. 1 am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at Oakland, California. 31358-46664 TJM 689587.1 1 PROOF OF SERVICELOMBARDI, LOPER & CONANT, LLP 1999 Harrison Street, Suite 2600 Oakland, CA 94612-3541 10 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By Fax Transmission: Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. By Overnight Delivery: I enclosed the document(s) in an envelope or package provided by an overnight delivery carrier and addressed to the persons listed above. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. By Personal Service: I personally delivered the documents to the persons at the addresses listed above. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney’s office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served with the receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the documents at the party’s residence with some person not less than 18 years of age between the hours of eight in the morning and six in the evening. By Messenger Service: I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed above and providing them to a professional messenger service for service, By E-Mail or Electronic Transmission: Based on a court order or an agreement of the parties to accept service by email or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. (STATE) | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (FEDERAL) | declare under the laws of the United States of America that | am employed in the office of a member of the Bar of this court at whose direction the service was made and that the foregoing is true and correct. Executed on August 13, 2018, at Oakland, California. Vee. Put Joni Gordon 31358-46664 TIM 689587.1 2 PROOF OF SERVICE