Party Statement: Armstrong, A. Ann, et al vs. Pulte Home Corporation

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                                CM-110
 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):                                        FOR COURT USE ONLY
 L. Theodore Scheley Ill, Esq./ Thomas F. Quilling, Esq. 148916/ 204140
 Clapp, Moroney, Vucinich, Beeman & Scheley
 1111 Bayhill Drive, Suite 300
 San Bruno, CA 94066                                                                                  ELECTRONICALLY                     FILED
           TeLePHone   No.: 650-989-5400                FAX NO. (Optional): 650-989-5499               Superior Court of California,
  E-MAIL ADDRESS (Optional): tscheley@ clappmoroney.com/ tquilling@ clappmoroney.com
      ATTORNEY FOR (Name): Pulte Home Corporation
                                                                                                              County of Placer
                                                                                                                    07/15/2020
  SUPERIOR COURT OF CALIFORNIA, COUNTY                  OF PLACER
                                                                                                       By: Christina Waggoner,      Deputy Clerk
    street appress:         10820 J ustice Center Drive
    MaiLING ADpress:        10820 J ustice Center Drive
 city ano zip cove:         Roseville, CA 95678
        srancy name:        Howard G. Gibson Courthouse
          PLAINTIFF/PETITIONER: Sandra A. Artesi, et al.
 DEFENDANT/RESPONDENT: Pulte Home Corporation
                                   CASE MANAGEMENT STATEMENT                                          CASE NUMBER
                                                                                                      SCV0038785 (c/w SCV0040089)
 (Check one):               X      UNLIMITED CASE    Oo LIMITED CASE
                                    (Amount demanded      (Amount demanded            is $25,000
                                    exceeds $25,000)    or less)

 A CASE MANAGEMENT CONFERENCE is scheduled as follows:
 Date: J uly 28, 2020                             Time: 10:30 a.m.       Dept.: 40                 Div.:                    Room:
 Address of court (if different from the address above):


  X         Notice of Intent to Appear by Telephone, by (name): Thomas F. Quilling, Esq.

                  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): Pulte Home Corporation
      b,     (1       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): December 13, 2016
      b,          The cross-complaint, if any, was filed on (date): March 8, 2017

      Service (to be answered by plaintiffs and cross-complainants only)
      a    (1   Allparties 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)            have not been served (specify names and explain why not): (Please see attachment no. 1

                      (2)            have been served but have not appeared and have not been dismissed     (specify names): (Please see
                      attachment no. 2)
                      (3)       [shave 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      Type of case in BX] complaint         1 cross-complaint         (Describe, including causes of action):
              Complaint alleges Violation of Building Standards as set forth in California Civil Code Section 896, Strict Liability,
              Negligence, Breach of Contract, and Breach of Express Warranty.
                                                                                                                                               Page Lof5
Form Adopted for Mandatory Use                       CASE MANAGEMENT STATEMENT                                                         Cal. Rules of Court,
  Judicial Council of California                                                                                                          rules 3.720-3.730
    CM-110 [Rev. J uly 1, 2011]                                                                                                         www.courts.ca.gov
CM-110
           PLAINTIFF /PETITIONER: Sandra A. Artesi, et al.                                                      CASE NUMBER
                                                                                                                SCV0038785 (c/w
| DEFENDANT/RESPONDENT: Pulte Home Corporation                                                                  SCV0040089)
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.)
             This action involves alleged construction defects of 59 homes in the Westpark community in Roseville, California.




      Oo          (If more space is needed, check this box and attach a page designated as Attachment 4b.)
      Jury or nonjury trial
      The party or parties request                 & a jury trial     1   a 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):
      b.         Xl        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):
                 Counsel has trials set for 8/17/20; 09/14/20; 09/28/20; 11/02/20; 11/09/20; 01/07/21; 03/04/21
      Estimated length of trial
      The party or parties estimate that the trial will take (check one):
      a          Xl        days (specify number): 21 days.
      b.         &         hours (short causes) (specify):



      Trial representation (to be answered for each party)
      The party or parties will be represented at trial LX] by the attorney or party listed in the caption                   [1   by the following:
      a    Attorney:
      b.   Firm:
      c    Address:
      d. Telephone number:                                                        f. Fax number:
      e    E-mail address:                                                        g. Party represented:
      Oo Additional representation is described in Attachment 8.
       Preference
      Oo     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 [[] 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)     [1] 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.

           20               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)        C1    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 0f5
                                                                                                                                      .merican Li INet,
                                                                                                                                    www. FormsWorkFl
CM-110
      PLAINTIFF /PETITIONER: Sandra A. Artesi, et al.                                                CASE NUMBER.
                                                                                                     SCV0038785 (c/w SCV0040089)
[DEFENDANT/RESPONDENT: Pulte Home Corporation

10. ¢     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):


                                                                    x     Mediation session not yet scheduled

                                                                    Oo    Mediation session scheduled for (date):
   (1) Mediation
                                                                    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): 5/26/2020


                                                                          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):


                                                                         J udicial arbitration not yet scheduled

   (4) Nonbinding judicial                                               J udicial arbitration scheduled for (date):
        arbitration
                                                                         Agreed to complete judicial arbitration by (date):

                                                                         J udicial 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):
   Appointment of                                                        ADR   session scheduled for (date):
   Special Master                                                        Agreed to complete ADR session by (date):
   Peter Dekker.
                                                                         ADR completed on (date):


CM-110 (Rev. July1, 2011]                     CASE MANAGEMENT              STATEMENT                                                       Page 3 0f5
                                                                                                                        American Li Net,
                                                                                                                        www. Forms Work
CM-110


i           PLAINTIFF/PETITIONER: Sandra A. Artesi, et al.                                                      CASE NUMBER.
                                                                                                                SCV0038785 (c/w SCV0040089)
       EFENDANT/RESPONDENT: Pulte Home Corporation
 11. Insurance
     a xX      Insurance carrier, if any, for party filing this statement (name): Self-insured
     b.  Reservation of rights:     KI Yes         0 No
       c.        [J       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         XX       There are companion, underlying, or related cases.
                          (1) Name of case: Regina M. Westerman, et al v. Pulte Home Corporation, et al.
                          (2) Name of court: Placer Superior Court
                          (3) Case number: SCV0040089
                          (4) Status: Consolidated with SCV0038785
                  (1      Additional cases are described in Attachment 13a.
       b.        [1       A motion to      Oo    consolidate       Oo       coordinate      will be filed by (name party):

 14    Bifurcation
       (1   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
       oO             The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):



 16.   Discovery
       a         (J      The party or parties have completed all discovery.
       b         K)      The following discovery will be completed by the date specified (describe all anticipated discovery):
                          Party                                         Descriptio                                                Date
 Discovery will proceed pursuant
                               to Case
Management Order.




       c          (1)    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 40f5
                                                                                                                                  ‘American L INet, Inc
                                                                                                                                  ww. FommsWorkFlow,
CM-110
            PLAINTIFF/PETITIONER: Sandra A. Artesi, et al.                                               CASE NUMBER
                                                                                                         SCV0038785 (c/w SCV0040089)
| DEFENDANT/RESPONDENT: Pulte Home Corporation

 17.   Economic litigation
       a   LF 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,      1    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
       [1       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   KI 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):             2
| 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



                                                                                     , Fel
Date:J uly 13, 2020


Thomas F. Quilling, Esq.
                     (TYPE OR PRINT NAME)                                                             (SIGNATURE OF PARTY OR ATTORNEY)


                                   (TYPE OR PRINT NAME)
                                                                                     }              (SIGNATURE OF PARTY OR ATTORNEY)
                                                                                    C1 Additional signatures are attached




CM-Ii0 (Rev. July1, 2011]                            CASE       MANAGEMENT      STATEMENT                                                            Page 5 0f5
                                                                                                                              ‘American LegalNet, Inc.
                                                                                                                              ww Formst
MC-025
 SHORT TITLE:                                                                                 CASE NUMBER
   Sandra A. Artesi, et al. v. Pulte Home Corporation                                         SCV0038785 (c/w SCV0040089)


                                                          ATTACHMENT (Number):         1
                                        (This Attachment may be used with anyJ udicial Council form.)

Response to 3(b)(1):

              American Concrete dba American Landscape (unsuccessful, ARD            received)
              Builders Showcase Interiors, Inc. (unsuccessful, ARD received)
              Dave's Design Center, Inc. (unsuccessful, ARD received)
              Elegant Surfaces (unsuccessful, ARD received)
              Gateway Lighting, Inc. (unsuccessful, ARD received)
               HLK Construction, Inc. (unsuccessful, ARD received)
               IM Construction, Inc. (unsuccessful, ARD received)
              J & Quality Door (unsuccessful,      ARD received)
               Marticus Electric, Inc. (unsuccessful, ARD received)
10            The Peninsula Group, Inc. (unsuccessful, ARD received)
11            RSI Professional Cabinet Solutions
12            Vaca Valley Roofing, Inc. dba Old Country Roofing (unsuccessful, ARD received)
13            WallDesign, Inc. (unsuccessful, ARD received)
14            Western Building Specialties, Inc. (unsuccessful, ARD    received)




(If the item that this Attachment concerns is made under penalty of perjury, all statements in this                       Page 1 of 2
Attachment are made under penalty of perjury.)
                                                                                                           (Add pages as required)
Form Approved for Optional Use                              ATTACHMENT                                                www.courtinfo.ca.gov
  Judicial Council of California                                                                                  ‘American LegalNet, Inc
     MC-025 [Rev. July1, 2009]                         toJ udicial Council Form                                   www.FormsWorkflow.com
MC-025
 SHORT TITLE:                                                                                 CASE NUMBER
   Sandra A. Artesi, et al. v. Pulte Home Corporation                                         SCV0038785 (c/w SCV0040089)


                                                          ATTACHMENT (Number):         2
                                       (This Attachment may be used with anyJ udicial Council form.)

Response to 3(b)(2):

              360 Landscape, Inc.
              AdLand Venture
              Advanced Tile
              American Engineering dba Budget Electric
              Barry Abshear Landscape Services
              Benchmark Kitchen & Bath
              Easy Lift Door Co.
              G.E. Appliances
              H&D Electric, Inc.
10            Martin Magdaleno, Inc. dba El Dorado Grading Co
11            The AC Houston Lumber Co.
12            Thorpe Design, Inc.




(If the item that this Attachment concerns is made under penalty of perjury, all statements in this                 Page___         of
Attachment are made under penalty of perjury.)
                                                                                                           (Add pages as required)
Form Approved for Optional Use                              ATTACHMENT                                                www.courtinfo.ca.gov
  Judicial Council of California                                                                                  ‘American LegalNet, Inc
     MC-025 [Rev. July1, 2009]                         toJ udicial Council Form                                   www.FormsWorkflow.com
Artesi, Sandra A., et al v. Pulte Home Corporation
                              Placer County Superior Court Case No. SCV0038785

                                         PROOF OF SERVICE - Civil
                                 [Code of Civ. Proc. §§ 1011, 1013, 1081a, 2015.5]


     METHOD OF SERVICE:
     O    By Personal Service             C1 By Mail              LI By Overnight Delivery
     O    By Messenger Service            C1 By Facsimile         X By E-Mail/Electronic Transmission

     1    I am a citizen of the United States and am employed in the County of San Mateo, State of
          Califomia. I am over the age of 18 years and not a party to the within action.

10        My place of employment
                               is 1111 Bayhill Drive, Suite 300, San Bruno, CA 94066.
11

12       On the date set forth below,   I caused to be served a true and correct copy of the document(s)
          described as:
13
                                   CASE MANAGEMENT             STATEMENT
14

15
          I served the document(s) on the persons below, as follows:
16
          SEE ELECTRONIC SERVICE LIST MAINTAINED BY FILE & SERVE XPRESS
17

18       The document(s) was served by the following
                                                 means (specify):
          a       O       BY PERSONAL SERVICE. I caused           to be personally delivered the document(s)
19
                to the persons at the addresses listed in item 4. (1) For   a party representedby an attomey,
20               delivery was made to the attomey or at the attomey's office by leaving the documents ir]
                an envelope or package clearly labeled to identify the attomey being served with d
21                receptionist or an individual in charge of the office. (2) Fora party, delivery was made td
22
                the party or by leaving the documents at the party's residence with some person not lesg
                than 18 years of age between the hours of eight in the moming and six in the evening.
23

24               O      BY UNITED STATES MAIL. I enclosed the documents in a sealed envelope of
                package addressed to the persons at the addresses in item 4 and (specify one):
25

26                (1)      LJ deposited the sealed envelope with the United States Postal Services, with thd
                          postage fully prepaid.
27

28
(2)     C1  placed the envelope for collection and mailing, following our ordinary]
                                                    I am readily familiar with this business's practice fol
                             collecting and processing comespondence     for mailing. On the same        day thai
                              correspondence 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.

                Tama resident or employed in the County where the mailing occurred. The envelope
                                                                                            or package
     ‘was placed
             in the mail at San Bruno, Califomia, County of San Mateo.
                Cc.    O       BY OVERNIGHT DELIVERY.                 T enclosed the document(s) in an envelope of
                      package provided by an ovemight delivery carrier and addressed to the persons at thd
                       addresses in item 4. I place the envelope or package for collection and ovemight delivery|
                       at an office or a regularly utilized drop box of the ovemight delivery camier.

10                     O       BY MESSENGER SERVICE. I served           the document(s) by placing
                                                                                               them in ar]
                      envelope or package addressed to the persons at the addresses listed in item 4 and
11
                       providing them to a professional messenger service for service.
12

13
                       O      BY FAX     TRANSMISSION.          Based on an agreement of the parties to accepl
                      service by fax transmission, I faxed the document(s)
                                                                    to the person(s) at the fax numbery
14                     listed
                         in item 4. No error was reported by the fax machine that I used. A copy
                                                                                              of thd
                       record of the fax transmission, which
                                                         I printed out, is attached.
15

16                     X      BY E-MAIL      OR ELECTRONIC            TRANSMISSION.         (File & Serve Xpress)
17
                       Based
                         on Pre-Trial Order
                                        #1, I caused all of the above-entitled document(s) to be sent
                                                                                                    td
                      the recipients
                              noted on the attached             fil   receipt via LexisNexis File & Serve.    Thig
18                     service complies with C.C.P. §1010.6. I did not receive, within a reasonable time after
                      the transmission any electronic message or other indication that the transmission was
19

20   X       (State) I declare  under penalty of perjury
                                                    under the laws of the State of Califomia
                                                                                        that thd
     foregoing is true and correct.
21

22   O     (Federal) I declare that I am employed in the offices of a member of the bar of this court al}
23 whose direction this service was made. I declare under penalty of perjury that the foregoing is true and
     correct.
24
                Executed on July 13, 2020, at San Bruno, Califomia.
25

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                                                                             Aaron Zetzer
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