On October 01, 2020 a
Order
was filed
involving a dispute between
Amaya, Jaime,
Bass, Ryne,
Gonzalez, Paula,
Jaime Amaya, On Behalf Of Themselves And All Others Similarly Situated,
Mazariegos, Alida,
Tello, Adriana,
Tello, Georgina,
and
Buddha Capital Corporation,
Does 1 Through 10, Inclusive,
Rr Franchising, Inc,
Vanguard Cleaning Systems, Inc,
Vanguard Cleaning Systems Of The Central Valley,
Wine Country Ventures, Inc.,
for Complex Civil Unlimited Class Action
in the District Court of San Mateo County.
Preview
Fii
SAN MATEO COUNTY
"
N
MAR I 1 2021
U.)
LII
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
O\
IN AND FOR THE COUNTY OF SAN MATEO
\O‘OO
ALIDA MAZARIEGOS et al., Case No. 200iv04267
CLASS and REPRESENTATIVE ACTION
10 Plaintiffs,
*
Assigned for all purposes to the Hon. Nancy L'.
g
11 vs. Fineman
12 VANGUARD CLEANING SYSTEMS, et at. CASE MANAGEMENT ORDER NO. 1
ISSUED BY JUDGE FINEMAN
13 Defendants. '
Next CMC: April 6, 2021
14 Time: 8:30 a.m.
Dept: 4
15 Hon. Nancv L. Fineman
16
Pursuant to the Order entered by’ the Presiding Judge, this case has been single assigned to
17
Department 4 of this Court before the Honorable Nancy L. Fineman.
18
IT IS HEREBY ORDERED as follows:
19
1. PLAINTIFF SHALL SERVE A COPY OF THIS ORDER UPON ALL PARTIES, OR
20
THEIR DESIGNATED COUNSEL, WHO HAVE NOT YET APPEARED IN THIS ACTION, including
21
any and all parties added to this action and/or cross-action(s) aer the issuance of this order, and le proof
22
of service.
23
2. As part of the Court’s transition to a direct calendar court for all Civil Matters, Judge
24
Fineman has a web page, which provides information regarding the management of her cases. See
25
https://www.sanmateocourt.org/court_divisions/civil/dept4.php. Except as modied by this Order or
26
future orders, she will follow the procedures set forth on the webpage.
27
28
Case No. 20Civ04267
Case Management Order No. 1
3. Departmerit 4 is located in South San Francisco. A11 mail or personal delivery, except for
proposed orders, shall be sent to 1050 Mission Road, South San Francisco, CA 94080 and not to Redwood?
i
City. Documents to be led are not to be submitted to South San Francisco.
in of court
U’I
4. Counsel and parties should Work cooperatively the’scheduling appearances,
Frazier Court
O\
discovery and reach agreements on non-substantive matters. See v. Superior (2002) 97
Cal.App.4th 23, 36 (presumption that attorneys act ethically and honorably).
If the parties believe that
OO_Q
this general order should be revised in light of the specic circumstances of their case, they should submit
\D
a joint stipulation with an explanation for the’requested changes.
10 5. At this time, all-appearances are by Zoom, unless otherwise ordered by the Court. The '
11 Zoom credentials can be found on Judge Fineman’s webpage. Please follow the» requirements on the
I
12 website for Zoom appearances.
13 6. All pleadings, motions, applications, briefs, and any and all other papers in this case, except
14 those exempted by local rule, shall be lediin compliance with San Mateo County Superior Court Local
15 Rules 2.1.7 and 2.1.8.; See also Code of Civil Procedure § 1010.6(c); California Rules of Court 2.251(c),
‘16 2.253(c). The submission of proposed orders is governed by paragraph 13 of this Order.
i7 7. Except where another method’of service is required by statute, all parties and counsel shall
18 serve a‘ll documents electronically and all parties and counsel shall accept service of documents
19 electronically om all other parties, in conformity with Code of Civil Procedure § 101 0.6 and the Rules of
20" Court.‘ ‘The parties shall also email copies of all pleadings to complexcivi1@sanmateocourt.org and include
21 this email address on their proof of service for pleadings. Do not fax copies or Correspondence
hto
22 Department 4, as there is no fax line.
dedicated
23 8. Plaintiff s counsel is responsible for keeping the updated Proof of Service and notifying the
24 clerk of Department 4 at Dept4@sanmateocourt.org of any changes. Judge Fineman suggests that the
25 email list include both attorneys and support staff who the parties wish to obtain communications bm the
I
'26 Court.
With the parties’ stipulation, the Court will email the parties
27 9. with proposed orders and other
28 documents. Department 4 also requests that Plaintiff provide 3 sets of labels formatted so that labels may
Case No. zocivo4267 2
CASE MANAGEMENT ORDER No. 1
be printed onto Avery 51 64 and 5260 labels.
10. A11 motions and briefs shall conform with the California Rules of Court, especially rule
3.1 1 13, and indicate on the caption page that this matter is “Assigned for All Purposes to Dept. 4.” If the
submit a joint request for additional pages.
.,-h
parties believe that additional pages are required,they are to
A
Judge Fineman will great. reasonable requests for a few extra pages.
11. One set of courtesy copies Of pleadings for motions shall be stamped "Judge's Copy" and
delivered within one court day of ling or execution directly to Department 4 in South San Francisco. All
exhibits must be separated by exhibit tabs. (See, e.g., Cal. Rules of Court, rule 3.1 1 10(f).) Judge Fineman
does not need copies of Case Management Conference Statements 0r other pleadings that do not relate to
1o a motion. Courtesy copies of any electronic exhibits shall be submitted on CD or DVD in conformity with
11 the requirements of California Rules of Court, rules 2.256(b) and 3.1 1 10(t)(4). The Court cannot receive
12 documents through any time of le sharing. The courtesy copies are a separate requirement om email all
13 pleadings to Department 4 at complexcivil@sanmateocourt.org on the date of ling.
14 12. As to any and all motions or other matters requiring a hearing, the hearing date shall be
15 obtained directly from and approved by Department 4 at Dep4@sanmateocourt.org (and not with the Civil
16 Clerk’s Ofce or the Research Attorney), prior to ling the moving papers or other initial lings.
i
17 Generally, reply briefs must be led least three weeks before the hearing.
at
18 13. Proposed Orders need to be submitted through the Clerk’s ofce with the information
19 required by California Rule of CourtRule 3.13 12. You must also email an editable version ofthe Proposed
20 Order in Word format (not PDF) to complexcivil@sanmateocourt.org and Dept4@sanmateocourt.org so
21 that the judge can modify it prior to signing, if needed.
22 14. Correspondence to Department 4 may be submitted electronically, rather than paper or
23 telephone call,by e—mail addressed to complexcivil@sanmateocourtorg and Dept4@sanmateocourt.org.
24 All e—mails must be. sent in at least 12-point type and copied on all parties or their counsel of record. This
25 email address is to receive correspondence, and is not a venue for back-and-forth communications with the
26 judge. Communications to these email addresses are not part of the ofcial court les —
just like a paper
27 letter, they are not “led” documents ~ and will be retained for at least 30 days and then be subject to
28 deletion (destruction) thereafter. Department 4 prefers to have communication by email (copied to all
Case No. 20Civ04267 . 3
CASE MANAGEMENT ORDER NO. l
parties) father than by telephone.
15. A11 communications to Department 4 shall include in the header “subject line” the
Department Number, Case Name, Case Number, and a brief description ofthe email (e.g., “Dept. 4 —
Smith
v. Jones (CIV654321) - Smith's Request to Set Motion Date”).
16. Ex parte applications in this action shall be heard by Department 4 only. At this time,
Department 4 is not hearing ex parte applications in person. Check Judge Fineman’s webpage for further
I
information.
I
17. t
In regard to all discovery disputes, counsel for the parties (and any involved third parties)
shall comply with the Local Rules regarding Informal Discovery Conferences. Unless the parties
10 specically request that Judge Fineman hear any discovery disputes, they will be heard by the Civil
11
Commissioner. If the parties believe that Judge Fineman should hear the dispute, they should email
12 Department 4 with the reasons supporting the request and a very brief summary of the dispute (simply
13 enough information for Judge Fineman to decide on who should hear the IDC).
14 18. As to any discovery motion, where permission to le the motion has been granted, the
15 parties are relieved of the statutory obligation under California Rules of Court, rule 3.1345, and thus need
16 not le a separate statement — instead the subj ect discovery requests (or deposition questions) and written
17' responses (or' deposition answers or objections) must be attached to the supporting on the
declaration
18 discovery motion.
19 19. Given the nature of this case, the Court views document production and. depositions as the
20 most effective means of discovery for adjudication. Accordingly, no party may propound more than 35
—21 special interrogatories total and no party may propound more than 35 requests for admissions (other than
22 as to the authenticity of documents) total, without prior court order aer demonstration of need and a
23 showing that other means of discovery would be less efcient.
24 20. Pursuant to. California Rules of Court, rule 3.1 1 13(i), Department 4, does not require any
25 appendix of non-California authorities, unless specically stated by the Court as to a particular motion.
26 21. The next Case Management Conference has been set for April 6, 2021 at 8:30 a.m. in,
27 Department 4. The parties shall have meaningful meet-and-confer and le a Joint Status Conference
28 Statement in prose and details, not using the standardized Judicial Council form providing sufcient
Case No. 20Civ04267 -
4
CASE MANAGEMENT ORDER NO. 1
information for the Court and the parties to have meaningful Status Conference. The Statement shall be
led at least ve (5) court days before the conference. The Court. provides the guidance,
following
understanding that some issues will not'be relevant for every Case Management Conference:
a.
'
Status of Pleadings and Service of Process;
b. Status of Discovery, including the initial production of documents by all parties, and
i
depositions and protective orders;
c. Status of Settlement or Mediation;
d. Conclusions reached aer meet and confer on all matters set forth in California Rule
of Court Rules 3.750 and Rule 3.724(8).
10 e. motions and proposed brieng schedules.
Any'anticipated
11 f. Setting of next CMC date; and
12 g. Any other matters for whic e parties seek Court ruling scheduling.
13
‘14 Dated: March 10, 2021 By:
‘ I
@
‘
AN Y L. FINEMAN
15 OF THE SUPERIO OURT
16
17
18
19
25
21
22
23
.24
25
,26
27
28
'
Case No. 20Civ04267 5
CASE MANAGEMENT ORDER NO. 1
Preview
Fii SAN MATEO COUNTY " N MAR I 1 2021 U.) LII IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA O\ IN AND FOR THE COUNTY OF SAN MATEO \O‘OO ALIDA MAZARIEGOS et al., Case No. 200iv04267 CLASS and REPRESENTATIVE ACTION 10 Plaintiffs, * Assigned for all purposes to the Hon. Nancy L'. g 11 vs. Fineman 12 VANGUARD CLEANING SYSTEMS, et at. CASE MANAGEMENT ORDER NO. 1 ISSUED BY JUDGE FINEMAN 13 Defendants. ' Next CMC: April 6, 2021 14 Time: 8:30 a.m. Dept: 4 15 Hon. Nancv L. Fineman 16 Pursuant to the Order entered by’ the Presiding Judge, this case has been single assigned to 17 Department 4 of this Court before the Honorable Nancy L. Fineman. 18 IT IS HEREBY ORDERED as follows: 19 1. PLAINTIFF SHALL SERVE A COPY OF THIS ORDER UPON ALL PARTIES, OR 20 THEIR DESIGNATED COUNSEL, WHO HAVE NOT YET APPEARED IN THIS ACTION, including 21 any and all parties added to this action and/or cross-action(s) aer the issuance of this order, and le proof 22 of service. 23 2. As part of the Court’s transition to a direct calendar court for all Civil Matters, Judge 24 Fineman has a web page, which provides information regarding the management of her cases. See 25 https://www.sanmateocourt.org/court_divisions/civil/dept4.php. Except as modied by this Order or 26 future orders, she will follow the procedures set forth on the webpage. 27 28 Case No. 20Civ04267 Case Management Order No. 1 3. Departmerit 4 is located in South San Francisco. A11 mail or personal delivery, except for proposed orders, shall be sent to 1050 Mission Road, South San Francisco, CA 94080 and not to Redwood? i City. Documents to be led are not to be submitted to South San Francisco. in of court U’I 4. Counsel and parties should Work cooperatively the’scheduling appearances, Frazier Court O\ discovery and reach agreements on non-substantive matters. See v. Superior (2002) 97 Cal.App.4th 23, 36 (presumption that attorneys act ethically and honorably). If the parties believe that OO_Q this general order should be revised in light of the specic circumstances of their case, they should submit \D a joint stipulation with an explanation for the’requested changes. 10 5. At this time, all-appearances are by Zoom, unless otherwise ordered by the Court. The ' 11 Zoom credentials can be found on Judge Fineman’s webpage. Please follow the» requirements on the I 12 website for Zoom appearances. 13 6. All pleadings, motions, applications, briefs, and any and all other papers in this case, except 14 those exempted by local rule, shall be lediin compliance with San Mateo County Superior Court Local 15 Rules 2.1.7 and 2.1.8.; See also Code of Civil Procedure § 1010.6(c); California Rules of Court 2.251(c), ‘16 2.253(c). The submission of proposed orders is governed by paragraph 13 of this Order. i7 7. Except where another method’of service is required by statute, all parties and counsel shall 18 serve a‘ll documents electronically and all parties and counsel shall accept service of documents 19 electronically om all other parties, in conformity with Code of Civil Procedure § 101 0.6 and the Rules of 20" Court.‘ ‘The parties shall also email copies of all pleadings to complexcivi1@sanmateocourt.org and include 21 this email address on their proof of service for pleadings. Do not fax copies or Correspondence hto 22 Department 4, as there is no fax line. dedicated 23 8. Plaintiff s counsel is responsible for keeping the updated Proof of Service and notifying the 24 clerk of Department 4 at Dept4@sanmateocourt.org of any changes. Judge Fineman suggests that the 25 email list include both attorneys and support staff who the parties wish to obtain communications bm the I '26 Court. With the parties’ stipulation, the Court will email the parties 27 9. with proposed orders and other 28 documents. Department 4 also requests that Plaintiff provide 3 sets of labels formatted so that labels may Case No. zocivo4267 2 CASE MANAGEMENT ORDER No. 1 be printed onto Avery 51 64 and 5260 labels. 10. A11 motions and briefs shall conform with the California Rules of Court, especially rule 3.1 1 13, and indicate on the caption page that this matter is “Assigned for All Purposes to Dept. 4.” If the submit a joint request for additional pages. .,-h parties believe that additional pages are required,they are to A Judge Fineman will great. reasonable requests for a few extra pages. 11. One set of courtesy copies Of pleadings for motions shall be stamped "Judge's Copy" and delivered within one court day of ling or execution directly to Department 4 in South San Francisco. All exhibits must be separated by exhibit tabs. (See, e.g., Cal. Rules of Court, rule 3.1 1 10(f).) Judge Fineman does not need copies of Case Management Conference Statements 0r other pleadings that do not relate to 1o a motion. Courtesy copies of any electronic exhibits shall be submitted on CD or DVD in conformity with 11 the requirements of California Rules of Court, rules 2.256(b) and 3.1 1 10(t)(4). The Court cannot receive 12 documents through any time of le sharing. The courtesy copies are a separate requirement om email all 13 pleadings to Department 4 at complexcivil@sanmateocourt.org on the date of ling. 14 12. As to any and all motions or other matters requiring a hearing, the hearing date shall be 15 obtained directly from and approved by Department 4 at Dep4@sanmateocourt.org (and not with the Civil 16 Clerk’s Ofce or the Research Attorney), prior to ling the moving papers or other initial lings. i 17 Generally, reply briefs must be led least three weeks before the hearing. at 18 13. Proposed Orders need to be submitted through the Clerk’s ofce with the information 19 required by California Rule of CourtRule 3.13 12. You must also email an editable version ofthe Proposed 20 Order in Word format (not PDF) to complexcivil@sanmateocourt.org and Dept4@sanmateocourt.org so 21 that the judge can modify it prior to signing, if needed. 22 14. Correspondence to Department 4 may be submitted electronically, rather than paper or 23 telephone call,by e—mail addressed to complexcivil@sanmateocourtorg and Dept4@sanmateocourt.org. 24 All e—mails must be. sent in at least 12-point type and copied on all parties or their counsel of record. This 25 email address is to receive correspondence, and is not a venue for back-and-forth communications with the 26 judge. Communications to these email addresses are not part of the ofcial court les — just like a paper 27 letter, they are not “led” documents ~ and will be retained for at least 30 days and then be subject to 28 deletion (destruction) thereafter. Department 4 prefers to have communication by email (copied to all Case No. 20Civ04267 . 3 CASE MANAGEMENT ORDER NO. l parties) father than by telephone. 15. A11 communications to Department 4 shall include in the header “subject line” the Department Number, Case Name, Case Number, and a brief description ofthe email (e.g., “Dept. 4 — Smith v. Jones (CIV654321) - Smith's Request to Set Motion Date”). 16. Ex parte applications in this action shall be heard by Department 4 only. At this time, Department 4 is not hearing ex parte applications in person. Check Judge Fineman’s webpage for further I information. I 17. t In regard to all discovery disputes, counsel for the parties (and any involved third parties) shall comply with the Local Rules regarding Informal Discovery Conferences. Unless the parties 10 specically request that Judge Fineman hear any discovery disputes, they will be heard by the Civil 11 Commissioner. If the parties believe that Judge Fineman should hear the dispute, they should email 12 Department 4 with the reasons supporting the request and a very brief summary of the dispute (simply 13 enough information for Judge Fineman to decide on who should hear the IDC). 14 18. As to any discovery motion, where permission to le the motion has been granted, the 15 parties are relieved of the statutory obligation under California Rules of Court, rule 3.1345, and thus need 16 not le a separate statement — instead the subj ect discovery requests (or deposition questions) and written 17' responses (or' deposition answers or objections) must be attached to the supporting on the declaration 18 discovery motion. 19 19. Given the nature of this case, the Court views document production and. depositions as the 20 most effective means of discovery for adjudication. Accordingly, no party may propound more than 35 —21 special interrogatories total and no party may propound more than 35 requests for admissions (other than 22 as to the authenticity of documents) total, without prior court order aer demonstration of need and a 23 showing that other means of discovery would be less efcient. 24 20. Pursuant to. California Rules of Court, rule 3.1 1 13(i), Department 4, does not require any 25 appendix of non-California authorities, unless specically stated by the Court as to a particular motion. 26 21. The next Case Management Conference has been set for April 6, 2021 at 8:30 a.m. in, 27 Department 4. The parties shall have meaningful meet-and-confer and le a Joint Status Conference 28 Statement in prose and details, not using the standardized Judicial Council form providing sufcient Case No. 20Civ04267 - 4 CASE MANAGEMENT ORDER NO. 1 information for the Court and the parties to have meaningful Status Conference. The Statement shall be led at least ve (5) court days before the conference. The Court. provides the guidance, following understanding that some issues will not'be relevant for every Case Management Conference: a. ' Status of Pleadings and Service of Process; b. Status of Discovery, including the initial production of documents by all parties, and i depositions and protective orders; c. Status of Settlement or Mediation; d. Conclusions reached aer meet and confer on all matters set forth in California Rule of Court Rules 3.750 and Rule 3.724(8). 10 e. motions and proposed brieng schedules. Any'anticipated 11 f. Setting of next CMC date; and 12 g. Any other matters for whic e parties seek Court ruling scheduling. 13 ‘14 Dated: March 10, 2021 By: ‘ I @ ‘ AN Y L. FINEMAN 15 OF THE SUPERIO OURT 16 17 18 19 25 21 22 23 .24 25 ,26 27 28 ' Case No. 20Civ04267 5 CASE MANAGEMENT ORDER NO. 1