Preview
1 Michael L. Smith (State Bar No.: 160305)
mls@manningllp.com
2 S. Christian Anderson (State Bar No.: 282976)
csa@manningllp.com
3 MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
4 One California Street, Suite 900
San Francisco, California 94111 2/4/2021
5 Telephone: (415) 217-6990
Facsimile: (415) 217-6999
6
Attorneys for Defendants
7 RW ZUKIN, INC. and TAJIRIAN
INVESTMENTS, LLC
8
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SAN MATEO
12
13 JON-PAUL BELSTLER, Case No.: 18CIV04249
ASSIGNED FOR ALL PURPOSES TO
14 Plaintiff, HON. ROBERT D. FOILES, DEPT.: 21
15 v. TRIAL SETTING CONFERENCE
STATEMENT
16 RW ZUKIN, INC.; TAJIRIAN
INVESTMENTS, LLC, Hearing Date: February 18, 2021
17 Time: 9:00am
Defendants. Department: 21
18
19 Action Filed: August 15, 2018
Trial Date: Vacated
20
21
22 Defendants RW ZUKIN, INC., and TAJRIAN INVESTMENTS, LLC ("defendants")
23 submit the following Trial Setting Conference Statement pursuant to the Court’s Order Vacating
24 Trial; Setting Case Management and Trial Setting Conference; dated January 26, 2021.
25 1. SUMMARY OF THE CASE
26 This case arises from an alleged accident in a rental unit 2400 Skyline Drive, Pacifica,
27 California 94044 ("Subject Property") owned by defendant TAJRIAN INVESTMENTS, LLC, and
28 managed by defendant RW ZUKIN, INC. The unit was leased by plaintiff Jon-Paul Belstler
4831-0558-0763.1 Case No. 18CIV04249
DEFENDANTS RW ZUKIN, INC.; TAJRIAN INVESTMENTS, LLC
Ddddd
TRIAL SETTING CONFERENCE STATEMENT
1 ("Plaintiff") and he resided there with his wife Hannah Belstler and their two children. Plaintiff
2 allegedly suffered personal injuries when a closet shelf allegedly fell on him and as a result has
3 vision loss in one eye. Plaintiff alleges that defendants failed to remedy various habitability
4 defects at the subject property, as well as allegedly improperly installing a shelf causing Plaintiff
5 personal injury and emotional distress, causing him to withhold rent payments and eventually
6 vacate the property. Plaintiff seeks statutory and compensatory damages. Plaintiff filed his
7 Complaint on August 15, 2018 for (1) Breach pf Warranty of Habitability; (2) Breach of Covenant
8 of Quiet Enjoyment; (3) Negligence; (4) Nuisance; (5) Premises Liability; (6) Constructive
9 Eviction; (7) Violation of B&P Code 17200.
10 2. CURRENT STATUS OF DISCOVERY
11 A. Depositions:
12 Plaintiff's deposition took place in January 2020. Counsel for Plaintiff is holding off on
13 depositions until the circumstances created by the COVID-19 pandemic, shelter-in-place orders
14 have normalized. Defendants intend to move forward with depositions, including but not limited
15 to the deposition of neuro ophthalmologist Marc Levin MD as soon as possible given the ongoing
16 circumstances created by the COVID-19 pandemic, shelter-in-place orders, social distancing, and
17 travel restrictions. Defendants need to conduct the depositions of healthcare providers and
18 witnesses.
19 B. Expert Discovery:
20 Plaintiff is unwilling to appear for an in person Independent Medical Evaluation ("IME")
21 until the circumstances created by the COVID-19 pandemic, shelter-in-place orders have
22 normalized. Defendants need to conduct an Independent Medical Examination of Plaintiff.
23 Defendants need to conduct expert discovery as well as the depositions of healthcare providers and
24 witnesses.
25 C. Written Discovery:
26 The parties have exchanged written discovery.
27 ///
28 ///
4831-0558-0763.1 Case No. 18CIV04249
DEFENDANTS RW ZUKIN, INC.; TAJRIAN INVESTMENTS, LLC
TRIAL SETTING CONFERENCE STATEMENT
1 3. TRIAL SETTING
2 A. Trial Availability:
3 Attorneys for Defendants will not be available for Trial on: 02/19/2021 (trial); 03/26/2021
4 (trial); 04/27/2021 (trial); 05/10/2021 (trial); 05/24/2021 (trial); 08/23/2021 (trial); 09/20/21
5 (trial); 10/06/2021 (trial); 10/25/2021; 11/15/2021 (trial); (trial) 04/08/2022 (trial)
6 B. Length of Trial:
7 Based upon current knowledge of witness and issues in this case Defendants request that
8 the Court allocate 10 Court Days for the Trial.
9 4. CONCLUSION
10 For the foregoing reasons, Defendants request the Court continue the Trial Setting
11 Conference and Case Management Conference for 90 days so that the parties may continue to
12 meet and confer on depositions, expert discovery, written discovery given the ongoing
13 circumstances created by the COVID-19 pandemic, shelter-in-place orders, social distancing, and
14 travel restrictions.
15
16 DATED: February 3, 2021 MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
17
18
19 By:
Michael L.Smith
20 S. Christian Anderson
Attorneys for Defendants
21 RW ZUKIN, INC. and TAJIRIAN
22 INVESTMENTS, LLC
23
24
25
26
27
28 4831-0558-0763.1 Case No. 18CIV04249
DEFENDANTS RW ZUKIN, INC.; TAJRIAN INVESTMENTS, LLC
TRIAL SETTING CONFERENCE STATEMENT
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
3 At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of San Francisco, State of California. My business address is One
4 California Street, Suite 900, San Francisco, CA 94111.
5 On February 4, 2021, I served true copies of the following document(s) described as
DEFENDANTS TRIAL SETTING CONFERENCE STATEMENT on the interested parties in
6 this action as follows:
7 Tom H. Elke, Esq. Attorneys for Plaintiff
Alexander M. Merchant, Esq. JON-PAUL BELSTLER
8 Catalina S. Munoz, Esq.
ELKE & MERCHANT LLP
9 870 Market Street, Suite 1140
San Francisco, CA 94102
10
Tel.: (415) 294-4111
11 Fax: (415) 294-4121
Email: tom@elkemerchant.com
12 Email: alex@elkemerchant.com
Email: catalina@elkemerchant.com
13
BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the
14 persons at the addresses listed in the Service List and placed the envelope for collection and
mailing, following our ordinary business practices. I am readily familiar with the practice of
15 Manning & Kass, Ellrod, Ramirez, Trester LLP for collecting and processing correspondence for
mailing. On the same day that correspondence is placed for collection and mailing, it is deposited
16 in the ordinary course of business with the United States Postal Service, in a sealed envelope with
postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The
17 envelope was placed in the mail at San Francisco, California.
18 BY ELECTRONIC TRANSMISSION: by emailing the document(s) to the persons at
the e-mail address(es). This is necessitated during the declared National Emergency due to the
19 Coronavirus (COVID-19) pandemic because this office will be working remotely, not able to send
physical mail as usual, and is therefore using only electronic mail. No electronic message or other
20 indication that the transmission was unsuccessful was received within a reasonable time after the
transmission.
21
I declare under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct.
23 Executed on February 4, 2021, at San Francisco, California.
24
25
26
Lesley Perez
27
28 4831-0558-0763.1 Case No. 18CIV04249
DEFENDANTS RW ZUKIN, INC.; TAJRIAN INVESTMENTS, LLC
TRIAL SETTING CONFERENCE STATEMENT
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1 Michael L. Smith (State Bar No.: 160305) mls@manningllp.com 2 S. Christian Anderson (State Bar No.: 282976) csa@manningllp.com 3 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 4 One California Street, Suite 900 San Francisco, California 94111 2/4/2021 5 Telephone: (415) 217-6990 Facsimile: (415) 217-6999 6 Attorneys for Defendants 7 RW ZUKIN, INC. and TAJIRIAN INVESTMENTS, LLC 8 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN MATEO 12 13 JON-PAUL BELSTLER, Case No.: 18CIV04249 ASSIGNED FOR ALL PURPOSES TO 14 Plaintiff, HON. ROBERT D. FOILES, DEPT.: 21 15 v. TRIAL SETTING CONFERENCE STATEMENT 16 RW ZUKIN, INC.; TAJIRIAN INVESTMENTS, LLC, Hearing Date: February 18, 2021 17 Time: 9:00am Defendants. Department: 21 18 19 Action Filed: August 15, 2018 Trial Date: Vacated 20 21 22 Defendants RW ZUKIN, INC., and TAJRIAN INVESTMENTS, LLC ("defendants") 23 submit the following Trial Setting Conference Statement pursuant to the Court’s Order Vacating 24 Trial; Setting Case Management and Trial Setting Conference; dated January 26, 2021. 25 1. SUMMARY OF THE CASE 26 This case arises from an alleged accident in a rental unit 2400 Skyline Drive, Pacifica, 27 California 94044 ("Subject Property") owned by defendant TAJRIAN INVESTMENTS, LLC, and 28 managed by defendant RW ZUKIN, INC. The unit was leased by plaintiff Jon-Paul Belstler 4831-0558-0763.1 Case No. 18CIV04249 DEFENDANTS RW ZUKIN, INC.; TAJRIAN INVESTMENTS, LLC Ddddd TRIAL SETTING CONFERENCE STATEMENT 1 ("Plaintiff") and he resided there with his wife Hannah Belstler and their two children. Plaintiff 2 allegedly suffered personal injuries when a closet shelf allegedly fell on him and as a result has 3 vision loss in one eye. Plaintiff alleges that defendants failed to remedy various habitability 4 defects at the subject property, as well as allegedly improperly installing a shelf causing Plaintiff 5 personal injury and emotional distress, causing him to withhold rent payments and eventually 6 vacate the property. Plaintiff seeks statutory and compensatory damages. Plaintiff filed his 7 Complaint on August 15, 2018 for (1) Breach pf Warranty of Habitability; (2) Breach of Covenant 8 of Quiet Enjoyment; (3) Negligence; (4) Nuisance; (5) Premises Liability; (6) Constructive 9 Eviction; (7) Violation of B&P Code 17200. 10 2. CURRENT STATUS OF DISCOVERY 11 A. Depositions: 12 Plaintiff's deposition took place in January 2020. Counsel for Plaintiff is holding off on 13 depositions until the circumstances created by the COVID-19 pandemic, shelter-in-place orders 14 have normalized. Defendants intend to move forward with depositions, including but not limited 15 to the deposition of neuro ophthalmologist Marc Levin MD as soon as possible given the ongoing 16 circumstances created by the COVID-19 pandemic, shelter-in-place orders, social distancing, and 17 travel restrictions. Defendants need to conduct the depositions of healthcare providers and 18 witnesses. 19 B. Expert Discovery: 20 Plaintiff is unwilling to appear for an in person Independent Medical Evaluation ("IME") 21 until the circumstances created by the COVID-19 pandemic, shelter-in-place orders have 22 normalized. Defendants need to conduct an Independent Medical Examination of Plaintiff. 23 Defendants need to conduct expert discovery as well as the depositions of healthcare providers and 24 witnesses. 25 C. Written Discovery: 26 The parties have exchanged written discovery. 27 /// 28 /// 4831-0558-0763.1 Case No. 18CIV04249 DEFENDANTS RW ZUKIN, INC.; TAJRIAN INVESTMENTS, LLC TRIAL SETTING CONFERENCE STATEMENT 1 3. TRIAL SETTING 2 A. Trial Availability: 3 Attorneys for Defendants will not be available for Trial on: 02/19/2021 (trial); 03/26/2021 4 (trial); 04/27/2021 (trial); 05/10/2021 (trial); 05/24/2021 (trial); 08/23/2021 (trial); 09/20/21 5 (trial); 10/06/2021 (trial); 10/25/2021; 11/15/2021 (trial); (trial) 04/08/2022 (trial) 6 B. Length of Trial: 7 Based upon current knowledge of witness and issues in this case Defendants request that 8 the Court allocate 10 Court Days for the Trial. 9 4. CONCLUSION 10 For the foregoing reasons, Defendants request the Court continue the Trial Setting 11 Conference and Case Management Conference for 90 days so that the parties may continue to 12 meet and confer on depositions, expert discovery, written discovery given the ongoing 13 circumstances created by the COVID-19 pandemic, shelter-in-place orders, social distancing, and 14 travel restrictions. 15 16 DATED: February 3, 2021 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 17 18 19 By: Michael L.Smith 20 S. Christian Anderson Attorneys for Defendants 21 RW ZUKIN, INC. and TAJIRIAN 22 INVESTMENTS, LLC 23 24 25 26 27 28 4831-0558-0763.1 Case No. 18CIV04249 DEFENDANTS RW ZUKIN, INC.; TAJRIAN INVESTMENTS, LLC TRIAL SETTING CONFERENCE STATEMENT 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 3 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Francisco, State of California. My business address is One 4 California Street, Suite 900, San Francisco, CA 94111. 5 On February 4, 2021, I served true copies of the following document(s) described as DEFENDANTS TRIAL SETTING CONFERENCE STATEMENT on the interested parties in 6 this action as follows: 7 Tom H. Elke, Esq. Attorneys for Plaintiff Alexander M. Merchant, Esq. JON-PAUL BELSTLER 8 Catalina S. Munoz, Esq. ELKE & MERCHANT LLP 9 870 Market Street, Suite 1140 San Francisco, CA 94102 10 Tel.: (415) 294-4111 11 Fax: (415) 294-4121 Email: tom@elkemerchant.com 12 Email: alex@elkemerchant.com Email: catalina@elkemerchant.com 13 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the 14 persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of 15 Manning & Kass, Ellrod, Ramirez, Trester LLP for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited 16 in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The 17 envelope was placed in the mail at San Francisco, California. 18 BY ELECTRONIC TRANSMISSION: by emailing the document(s) to the persons at the e-mail address(es). This is necessitated during the declared National Emergency due to the 19 Coronavirus (COVID-19) pandemic because this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. No electronic message or other 20 indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 21 I declare under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct. 23 Executed on February 4, 2021, at San Francisco, California. 24 25 26 Lesley Perez 27 28 4831-0558-0763.1 Case No. 18CIV04249 DEFENDANTS RW ZUKIN, INC.; TAJRIAN INVESTMENTS, LLC TRIAL SETTING CONFERENCE STATEMENT