arrow left
arrow right
  • JERRIANN HUNT, et al  vs.  LANDS END, LLC., et al(06) Unlimited Breach of Contract/Warranty document preview
  • JERRIANN HUNT, et al  vs.  LANDS END, LLC., et al(06) Unlimited Breach of Contract/Warranty document preview
  • JERRIANN HUNT, et al  vs.  LANDS END, LLC., et al(06) Unlimited Breach of Contract/Warranty document preview
  • JERRIANN HUNT, et al  vs.  LANDS END, LLC., et al(06) Unlimited Breach of Contract/Warranty document preview
  • JERRIANN HUNT, et al  vs.  LANDS END, LLC., et al(06) Unlimited Breach of Contract/Warranty document preview
  • JERRIANN HUNT, et al  vs.  LANDS END, LLC., et al(06) Unlimited Breach of Contract/Warranty document preview
  • JERRIANN HUNT, et al  vs.  LANDS END, LLC., et al(06) Unlimited Breach of Contract/Warranty document preview
  • JERRIANN HUNT, et al  vs.  LANDS END, LLC., et al(06) Unlimited Breach of Contract/Warranty document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Robert F. Koehler, Jr. (SBN 80278) HIBBITT, TARBELL & KOEHLER 331 J Street, Suite 200, Sacramento, CA 95814 TELEPHONE NO.: 916-446-7858 FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR /Name/: Plaintiffs, Jerriann Hunt and Luke Hunt 2/19/2021 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 400 County Center MAILING ADDRESS: 400 County Center c1rvANDz1PcooE:Redwood City, 94063 BRANCH NAME: Hall of Justice & Records PLAINTIFF/PETITIONER: Jerriann Hunt, et al. DEFENDANT/RESPONDENT: Lands Ends, LLC., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [l] UNLIMITED CASE O LIMITED CASE 18-CIV-05495 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 23, 2019 Time: 9:30 a.m. Dept.: 4 Div.: Room: Address of court (if different from the address above): [l] Notice of Intent to Appear by Telephone, by (name): Robert F. Koehler, Jr. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. W This statement is submitted by party (name):Jerriann Hunt and Luke Hunt b. D 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):October 11, 2018 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. W All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D 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 [Z] complaint D cross-complaint (Describe, including causes of action): Fraud, Breach of Contract, Maintenance of A Private Nuisance, Breach of The Implied Warranty of Habitability (Common law/Statutory). Pa e1of& Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court. Judicial Counci of CalifOmia rules 3.720-3.730 CM-110(Rev. July 1, 2011] www.courls.ca.gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Jerriann Hunt, et al. 18-CIV-05495 DEFENDANT/RESPONDENT: Lands Ends, LLC., 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.) Plaintiffs rented a unit uninhabitable due to water intrusion and resulting toxic mold contamination. The defendants refused to address the water intrusion and mold issues in a timely manner thereby breaching the contract and forcing plaintiffs to live in a toxic environment. The parties have exchanged written discovery and are evaluating possible direct settlement and mediation to occur in April. We request a 120 continuance of this CMC D (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 W a jury trialD a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. [lJ 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): Counsel delays in sorting through relevant parties: mediation is expected to resolve this action c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Plaintiffs' counsel is unavailable to for trial in 2019; all dates in 2020 are available 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. W days (specify number): 8 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) [ZJ The party or parties will be represented at trial D 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: D Additional representation is described in Attachment 8. 9. Preference D 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: CounselW has D has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) D For self-represented parties: Party has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to Judicial arbitration or civil action mediation (if available). (1) D 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. (2) D 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) [ZJ 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): amount in controversy may exceed the statutory limit CM-110 [Rev. July 1, 2011) Page2of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: ,- PLAINTIFF/PETITIONER: Jerriann Hunt, et al. 18-CIV-05495 DEFENDANT/RESPONDENT: Lands Ends, LLC., et al. 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 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): D Mediation session not yet scheduled [Z] [Z] Mediation session scheduled for (date):April 15,2021 (1) Mediation D Agreed to complete mediation by (date): D Mediation completed on (date): D Settlement conference not yet scheduled (2) Settlement D D Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled (3) Neutral evaluation D D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled D D ADR session scheduled for (date): (6) Other (specify): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 [Rev. July 1. 20111 Page3 of 5 CASE MANAGEMENT STATEMENT ~IUl-11fl CASE NUMBER: ...._ PLAINTIFF/PETITIONER: Jerriann Hunt, et al. 18-CIV-05495 DEFENDANT/RESPONDENT: Lands Ends, LLC. t et al. 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. Bifurcation D 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 W The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Plaintiffs' reserve. 16. Discovery a. D The party or parties have completed all discovery. b. W The following discovery will be completed by the date specified (describe all anticipated discovery): fi!!r£ Description Date Plaintiffs Written discovery May 2021 Plaintiffs Depositions May 2021 c. [lJ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Examination of causes and repairs to subject unit of habitation CM-1101Rev. July 1, 2011) Page4of Ii CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Jerriann Hunt, et al. 18-CIV-05495 DEFENDANT/RESPONDENT: Lands Ends, LLC., et al. 17. Economic litigation a. D 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. D 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 [TI The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The property is owned by multiple entities and underwent a transfer in ownership during plaintiffs' tenancy. Parties are having difficulty identifying each defendant's association with the property as it relates to plaintiffs' claims. Counsels have no agreed on responsible defendants, subject to further discovery. 19. Meet and confer a. [ZJ 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): Plaintiffs are still attempting to resolved document discovery issues with defendants b. After meeting and conferring as required by rule 3. 724 of the California Rules of Court, the parties agree on the following (specify): The action is at issue; plaintiffs expect to resolve the action through mediation and any follow-up discovery as may be indicated. 20. Total number of pages attached (if any): 0 ---- I 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: February 19, 2021 Robert F. Koehler, Jr. ~ ~ - A - T T - 0 - R N _ E _ Y _ )- - - - - - (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110 (Rev. July 1. 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT 1 COURT: San Mateo County Superior Court CASE TITLE : Hunt, et al. v. Lands End, et al. 2 CASE NO : 18-CIV-05495 3 PROOF OF SERVICE 4 I, the undersigned, declare: I am a citizen of the United States and a resident of 5 the State of California . I am employed in the County of Sacramento, State of California, am over the age of 18, and am not a party to the within above-entitled 6 action. My business address is 331 J Street, Suite 200, Sacramento, California 95814 . I am employed in the office of a member of the State Bar of this Court, at 7 whose direction this service is made. 8 I served the following by placing a true copy thereof in an envelope and by causing such envelope to be delivered as noted below: 9 10 CASE MANAGEMENT STATEMENT Hearing February 23, 2021 11 U.S. MAIL: Placed for collection and mailing on the date and at the place 12 shown following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for 13 mailing . - - EXPRESS MAIL: Placed in the U.S. Mail at Sacramento, CA 14 - - FEDERAL EXPRESS: Delivered to Federal Express . _ _ PERSONAL SERVICE by hand to the addressee. 15 _ x _ EMAIL: Electronically mailed to each of the following email addresses : 16 Kime Smith Khsmith@wshlaw.com 17 Addressed as follows : 18 Kime Smith, Esq. WOOD , SMITH HENNING & BERMAN , LLP . 19 1401 Willow Pass Rd. , Suite 700 Concord , CA 94520-3969 20 Phone: (925) 222-3302 Attorneys fo r Defendants, 21 FPANVC Lands End, LLC. ; FWC Lands End, LLC. ; Trinity Property Consultants, LLC.; and DESM Casita Partners, LLC. : 22 23 Executed on February 19, 2021 , at Sacramento , Californ ia. I declare under penalty of perjury the foregoing is true and correct. 24 25 ~ -J__, R--.- 26 27 28 PROOF OF SERVICE