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  • Bauhofer, Janene, et al vs. McCourt, Quincy, et alcivil document preview
  • Bauhofer, Janene, et al vs. McCourt, Quincy, et alcivil document preview
  • Bauhofer, Janene, et al vs. McCourt, Quincy, et alcivil document preview
  • Bauhofer, Janene, et al vs. McCourt, Quincy, et alcivil document preview
  • Bauhofer, Janene, et al vs. McCourt, Quincy, et alcivil document preview
  • Bauhofer, Janene, et al vs. McCourt, Quincy, et alcivil document preview
  • Bauhofer, Janene, et al vs. McCourt, Quincy, et alcivil document preview
  • Bauhofer, Janene, et al vs. McCourt, Quincy, et alcivil document preview
						
                                

Preview

~ am 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~ ' a - 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 -~ -~ 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