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CM-110
ATTORNEYOR PARTY WITHGUTATTORNEY (Name,
State
Bar number,
and
address): FOR COURTUSE ONLY
Kurtis J.Anders SBN: 269333
JACOBSEN & MCELROY PC
2401 AMERICAN RIVER DR. #100
SACRAMENTO, CA 95825
TELEPHONE NO.:
(916) 971-4100 FAXNO.(Optional):(916)
971-4150 E D
E-MAIL
ADDRESS nal)
(Optional): Superior ty
Courtof ofPlacer
Californie
ATTORNEY FOR(Name):
Def/Cross-Comp McQuin Construction Management ven
SUPERIOR COURT OF CALIFORNIA, COUNTY OFPLACER JAN 3 0 2018
STREETADDRESS: t 6
MAILING
ADDRESS:P O Box 619072 Jake ee Clerk
CITYANDZIPCODE:Roseville, CA 95661 es .Deputy
BRANCH NAME: ,
PLAINTIFF/PETITIONER: JANENE BAUHOFER and MICHAEL JOHNSON
DEFENDANT/RESPONDENT: QUINCY McCOURT, etal
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE [__] LIMITED CASE $CV0039397
(Amount demanded (Amount demanded is$25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Date:February 20, 2018 Time: 10:00 a.m. Dept.:40 Div.: Room:
Address ofcourt (if different
from the address above):
Notice of Intent to Appear by Telephone, by (name):Kurtis J. Anders
INSTRUCTIONS: Allapplicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. This statement is submitted by party (name): McOuin Construction Management
b. [__] This statement is submitted jointly byparties (names):
2. Complaint and cross-complaint (tobe answered by plaintiffs
and cross-complainants only)
a. The complaint was filedon (date):
b. The cross-complaint, if
any, was filedon (date):August 30, 2017
3. Service (tobe answered by plaintiffs
and cross-complainants only)
a. Allparties named inthe complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [__] The following partiesnamed inthe complaint or cross-complaint
(1) [-_] have notbeen served (specify names and explain why not):
(2) [_] have been served buthave not appeared and have not been dismissed (specifynames):
(3) [_]_ have had a defaultentered against them (specifynames):
L_] The following additionalparties may be added (specify names, nature ofinvolvement incase, and date by which
c.
they may be served):
4. Description of case
a. Type ofcasein complaint [-_] cross-complaint (Describe, including causes ofaction):
Contract, tort and warranty causes of action related to defective c onstruction materials.
Page 1 of 5
Cal.
Rules
of Court,
FormAdopted
for Mandatory
Use CASE MANAGEMENT STATEMENT tules
3.720-3.730
Judicial
Council
of California www.courts.ca.gov
CM-110[Rev.
July
1, 2011]
Westlaw Doc & Form Builder~
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CM-110
PLAINTIFF/PETITIONER: JANENE BAUHOFER and MICHAEL JOHNSON CASE NUMBER:
DEFENDANT/RESPONDENT: QUINCY McCOURT, etal SCV0039397
4. b. Provide a briefstatement ofthe case, including any damages. (/f personalinjurydamages are sought, specify theinjuryand
damages claimed, includingmedical expenses to date[indicatesource and amount], estimated futuremedical expenses, lost
earnings to date,and estimated futurelost earnings.If equitablerelief
is sought, describe the nature ofthe relief.)
This case relatesto damage at a576-foot freestanding structure builtinColfax which plaintiffs
intended touse as a dance
studio. They desired green materials inthe construction and selected wool insulation. Itis believed the wool was contaminated
with moths. The moths have allegedly migrated from the stand-alone structure tothe home. Plaintiffs
are claiming personnel
injuriesand property damage. Parties involved include plaintiffs,
contractor and supplier of thewool.
LJ (If morespace isneeded, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The partyor partiesrequest a jurytrial L Janonjury trial. (If morethan one party,provide the name of each party
requesting a jurytrial):
6. Trial date
a. [__] The trial
has been setfor (date):
b. No trialdate has been set.This case willbe ready fortrialwithin12 months of the date ofthe filing
of thecomplaint (if
not,explain):
c. Dates on which partiesor attorneys willnot be availablefortrial
(specify dates and explain reasons forunavailability):
Trials: 6/04/18; 6/18/18; 6/19/18;8/27/18
7. Estimated length oftrial
The partyor partiesestimate that thetrialwill
take (check one):
a. days (specify number): 6
b. [__] hours (short causes) (specify):
8. Trialrepresentation (tobe answered for each party)
The partyor partieswillbe represented attrial by the attorneyor party listedinthe 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 isdescribed 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 ADR
different processes areavailable indifferentcourts and communities; read
information package provided by thecourt under rule 3.221 forinformation about the processes availablethrough the
the ADR
court and community programs inthis case.
partiesrepresented by counsel: Counsel has L_] has not provided theADR information package identified
(1) For
inrule 3.221 tothe clientand reviewed ADR optionswith the client.
parties:Party L__] has [_] has not reviewed the ADR information package identifiedinrule3.221.
(2) For self-represented
b. Referral tojudicial arbitrationor civilaction mediation available).
(if
to mandatory arbitration
judicial under Code of CivilProcedure section 1141.11 or tocivilaction
(1) [£] This matter issubject
Code of CivilProcedure section1775.3 because the amount incontroversy does not exceed the
mediation under
statutory limit.
thiscase tojudicial and
arbitration agrees to recovery
limit tothe amount specified inCode of
(2) [__] elects
Plaintiff to refer
CivilProcedure section 1141.11.
from arbitration
judicial under rule 3.811 ofthe CaliforniaRules ofCourtor from action
civil
(3) This case is exempt
mediation under Code ofCivilProcedure section 1775 et seq. (specifyexemption):
Page2 of 5
CM-190 1, 2047]
[Rew...katy CASE MANAGEMENT STATEMENT
an ~~
CM-110
| PLAINTIFF/PETITIONER: JANENE BAUHOFER and MICHAEL JOHNSON CASE NUMBER’
DEFENDANT/RESPONDENT: QUINCY McCOURT, etal SCV0039397
10. c. Indicatethe ADR process or processes thatthe partyor partiesare willingtoparticipatein,have agreed toparticipatein,or
have already participated in(check allthat apply and provide the specifiedinformation):
The partyor partiescompleting If thepartyor partiescompleting thisform inthe case have agreed to
thisform are willing to participateinor have already completed an ADR process orprocesses,
participateinthe followingADR indicatethe status ofthe processes (attacha copy ofthe parties' ADR
processes (check allthat apply): stipulation):
Mediation session notyet scheduled
GO00O;/OOUOO;OUUU;UUUH|EUUU
Mediation session scheduled for (date):
(1)Mediation
Agreed tocomplete mediation by (date):
Mediation completed on (date):10/24/17
Settlement conference not yetscheduled
Settlement conference scheduled for(date):
(2)Settlement
conference
Agreed tocomplete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation notyet scheduled
Neutral evaluation scheduled for(date):
(3)Neutral evaluation
Agreed tocomplete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicialarbitrationnotyet scheduled
Judicialarbitrationscheduled for(date):
(4) Nonbinding judicial
arbitration Agreed tocomplete judicialarbitrationby(date):
Judicialarbitrationcompleted on (date):
Private arbitration
not yet scheduled
Private arbitration
scheduled for(date):
(5) Binding private
arbitration Agreed to complete private arbitration
by (date):
Private arbitration
completed on (date):
ADR session notyet scheduled
OOOO;
ADR session scheduled for(date):
(6)Other (specify):
Agreed tocomplete ADR session by (date):
ADR completed on (date):
Page30f5
CM-110[Rev.
July
1, 2011]
CASE MANAGEMENT STATEMENT
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CM-110
| —_-PLAINTIFF/PETITIONERJANENE BAUHOFER and MICHAEL JOHNSON case mene
DEFENDANT/RESPONDENTQUINCY McCOURT, etal SENOS
11. Insurance
a. Insurance carrier,ifany, forparty filing
thisstatement (name): Benchmark Insurance
b. Reservation ofrights: [1] Yes [7] No
C. Coverage issues willsignificantly
affect resolutionofthiscase (explain):
Carrier has retained coverage counsel.
12.Jurisdiction
Indicateany mattersthat may affectthe court'sjurisdiction
or processing of thiscase and describe the status.
[__] Bankruptcy [__] Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [__] There are companion, underlying, or relatedcases.
(1)Name of case:
(2)Name of court:
(3)Case number:
(4)Status:
[__] Additionalcases are described inAttachment 13a.
b. [_]Amotionto [__] consolidate [_] coordinate willbe filedby (name party):
14. Bifurcation
[_] The partyor partiesintend tofilea motion foran orderbifurcating,severing, orcoordinating the following issues orcauses of
action (specifymoving party,type of motion, and reasons):
15. Other motions
[] The partyor partiesexpect to the
file following motions before (specify
trial moving party, type ofmotion, and issues):
16. Discovery
a. [__] The partyor partieshave completed alldiscovery.
b. The following discovery willbe completed by the date specified(describe allanticipated discovery):
Party Description Date
All Written Discovery March 2018
All Depositions June 2018
discovery issues,including issues regarding the discovery ofelectronicallystored information,are
c. [__] The following
anticipated(specify):
MISC al LAT] CASE MANAGEMENT STATEMENT aaaetet
lie
am,
- CM-110
PLAINTIFF/PETITIONER:JANENE BAUHOFER and MICHAEL JOHNSON SASS NOME:
DEFENDANT/RESPONDENT: QUINCY McCOURT, etal SEV 0039397
17. Economic litigation
a L_| This isa limitedcivilcase (i.e.,
the amount demanded is$25,000 or less)and the economic litigation
procedures in Code
of Procedure
Civil sections 90-98 apply
will to thiscase.
b. L_] This isa limitedcivilcase and a motion towithdraw thecase from the economic litigation
procedures orfor additional
discovery willbe filed(if checked,explain specifically
why economic litigation
procedures relatingto discovery ortrial
should not apply tothis case):
18. Other issues
[_] The partyor partiesrequest that thefollowing additionalmatters be considered ordetermined at the case management
conference (specify):
19. Meet and confer
a. The party orparties have met and conferred with allpartieson allsubjects required by rule3.724 of the CaliforniaRules
ofCourt (if not,
explain):
b. Aftermeeting and conferring as required by rule3.724 ofthe CaliforniaRules of Court,the parties agree on the following
(specify):
20. Totalnumber of pages attached(if any):
|am completely familiarwiththis case and willbe fullyprepared todiscuss the status ofdiscovery and alternativedispute resolution,
as wellas other issues raised by thisstatement, and willpossess the authoritytoenter intostipulations on these issues atthe time of
the case management conference, including thewritten authorityofthe party where required.
Date:January 29, 2018
Kurtis J.Anders > Z nl Z Zh Cor
(TYPEOR NAME)
PRINT (SIGNATUREOFPARTY ORATTORNEY)
(TYPEOR PRINT
NAME) (SIGNATUREOFPARTY ORATTORNEY)
[__] Additional signatures are attached.
CASE MANAGEMENT STATEMENT Fageeene
CHIC RW,Nay 2
CERTIFICATE OF SERVICE
I, Kathleen Lopez, declare:
I am a citizen of the United States, am over the age of eighteen
years, and am not a party to or interested in the within entitled case.
My business address is 2401 American River Drive, Suite 100,
Sacramento, California 95825.
On January 29, 2018, I served the following document(s) on the
parties in the within action:
CASE MANAGEMENT STATEMENT
BY MAIL: I am familiar with the business practice for collection
10 and processing of mail. The above-described document(s) will be
enclosed in a sealed envelope, with first class postage thereon fully
i
prepaid, and deposited with the United States Postal Service at
12
Sacramento, California on this date, addressed as follows:
13 Plaintiffs
Todd B. Gary
The Gary Law Firm
14
50 Oak Court, #100
Danville, CA 94526
15 Tel: (925) 831-1155
Fax: (925) 831-1188
16
Oregon Shepherd
17 J. Stephanie Krmpotic
Low, Ball & Lynch
505 Montgomery St., 7th Flr.
18
San Francisco, CA 94111
Tel: (415) 981-6630
19 Fax: (415) 982-1634
20
I declare under penalty of perjury under the laws of the State
21 of California that the foregoing is a true and correct statement and
that this Certificate was executed on January 29, 18.
22
23
24 KATHYEEN) LOPEZ
25
26
27
28
PROOF OF SERVICE