Preview
CM-110
ATTORNEY 0R PARTY wrrHout ATTORNEY (Name, State Bar number, and address): FOR counr use ONLY
M. Jonathan Robb, Jr.,Esq. (290457)
SWEENEY MASON LLP
983 UNIVERSITY AVE., STE. 104C Electronically Filed
LOS GATOS, CA 95032-7637 4/9/2021 4:26 PM
TELEPHONE No.:(408) 356-3000 FAX Nomi/anal).- (408) 354-8839 Superior Court of California
jrobb@smwb.com
EMNL ADDRESS (Optional).- County of Stanislaus
NINE ISLANDS I,
Plaintiff,
ATTORNEY FOR (Name): LLC Clerk of the Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF StanISIaUS
By: Angela Mesa, Deputy
STREET ADDRESS: 801 10th Street, 4th FIoor
MAILING ADDRESS:
CITY AND ZIP CODE:Modesto, CA 95354
BRANCH NAME:
PLAINTIFF/PETITIONER: NINE ISLANDS I,LLC
DEFENDANT/RESPONDENT: SUPERCUTS, INC, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): m UNLIMITED CASE D LIMITED CASE CV-20-oo4o5o
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: April 26, 2021 Time: 8:30 a.m. Dept.: 24 Div.: Room:
Address of court (if different from the address above):
City Towers Bldg., 801 10th St, 4th Floor, Modesto, CA 95354
m Notice of Intent to Appear by Telephone, by (name): M. Jonathan Robb, Jr.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. m This statement is submitted by party (name): NINE ISLANDS I,LLC
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): 9/18/2020
b. D The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross—complainants only)
a. m 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 the date by which
they may be served):
4. Description of case
a. Type of case in m complaint D cross-complaint (Describe, including causes of action):
First Cause of Action is Breach of Lease Agreement Against
Defendants, Second Cause of Action is Account Stated Against All
Defendants, Third Cause of Action is Common Counts Against All
Defendants.
Page1of 5
Ramsizsgufsawas"? Essential CASE MANAGEMENT STATEMENT “tempts
CEB-
CM-110 [Rem July
2011]
1,
I g Forms— WWW-counsvca-gov
CM-110
PLAlNTlFF/PETITIONERiNlNE ISLANDS I,LLC CASE NUMBER:
CV—20-004050
DEFENDANT/RESPONDENT: SUPERCUTS, lNC, 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 [indicatesource and amount], estimated futuremedical expenses, lost
earnings to date, and estimated future lostearnings. Ifequitable is
relief sought, describe the nature ofthe relief.)
Defendants are the tenants of commercial property owned and leased
by Nine islands. Defendants are not paying rent.
a (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 D a jury trial D 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. m 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):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 3
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial m by the attorney or party listed in the caption D 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 inAttachment 8.
9. Preference
a 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: Counsel m has D has not provided the ADR information package identified
in rule 3.221to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party D has a 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 of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) D to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Plaintiff elects to refer this case
Civil Procedure section 1141.11.
(3) D This case of the California Rules of Court or from civil action
is exempt from judicial arbitration under rule 3.811
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110[Rev, Juiy1. 20111 CASE MANAGEMENT STATEMENT Pagezofs
I? ’ Essential
Stein: Eam'
CM-110
PLAiNTiFF/PETITIONERzNlNE lSLANDS I,LLC CASE NUMBER:
CV-ZO—OO4050
DEFENDANT/RESPONDENT: SUPERCUTS, INC, et ai.
10. 0. 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 have agreed to
If the party or parties completing this form in the case
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 patties’ADR
processes (check all that app/y): stipulation):
D Mediation session not yet scheduled
(1) Mediation
D Mediation session scheduled for (date):
D Agreed to complete mediation by (date):
D Mediation completed on (date):
D Settlement conference not yet scheduled
(2) Settlement
conference D D Settlement conference scheduled for (date):
D Agreed to complete settlement conference by (date):
D Settlement conference completed on (date):
D Neutral evaluation not yet scheduled
(3) Neutra, evaluation D D Neutral evaluation scheduled for (date) .'
D Agreed to complete neutral evaluation by (date):
a Neutral evaluation completed on (date):
D Judicial arbitration not yet scheduled
(4) Nonbinding judicial D D Judicial arbitration scheduled for (date):
arb'tratlon
D Agreed to complete judicial arbitration by
(date):
a Judicial arbitration completed on (date):
D Private arbitration not yet scheduled
(5) Binding private D a 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
(6) Other (specify): D D ADR session scheduled for (date):
a Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-HorRevtJuIy
1.2011} CASE MANAGEMENT STATEMENT Pasezof5
F ‘ Essential
[Ems
i
Sea—6E:
CM-110
PLAINTIFF/PETITIONER:NINE lSLANDS l,LLC CASE NUMBER:
CV—20-OO4050
DEFENDANT/RESPONDENT: SUPERCUTS, INC, 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 wili
significantly affectresolution 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:
a Additional cases are described in Attachment 13a.
b. D A motion to a consolidate a 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
m The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Writ of Attachment hearings reserved on April 27, 2021
16. Discovery
a. D The party or parties have completed all discovery.
b. D The following discovery will be completed by the date specified (describe all anticipated discovery):
Barty Description gate
Nine Islands Written Discovery 6/2021
Nine islands Percipient Depositions 9/2021
Nine islands Experts 12/2021
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-11oiRev4 July
1. 20111 CASE MANAGEMENT STATEMENT Page 4 ofs
F ‘ Essential
9:569“ @Eoms
CM-110
PLAINTIFF/PETITIONER: NINE ISLANDS I,LLC CASE NUMBER;
CV—20-OO4050
DEFENDANT/RESPONDENT: SUPERCUTS, lNC, et at.
17. Economic litigation
a. a 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 applyt 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
explain specifically why economic litigation procedures relating to discovery or trial
discovery will be filed (if checked,
should not apply to this case):
18 Other Issues
D The party or parties request that the following additional matters be considered or determined at the casemanageme
conference (specify):
19. Meet and confer
a. D 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):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any): W
|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.
W
Date: April 09, 2021
M Jonathan Robb Jr
(SIGNATURE OF PARTY OéATTORNEY)
:
(TYPE OR PRINT NAME)
(TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
CM—110[Rev. July1.20111 CASE MANAGEMENT STATEMENT Page 5 of 5
“Essential
celmom
LLC v.
12345670090
CASE NAME: Nine Islands I, Supercuts, Ina, et a].
STANISLA US C0. SUPERIOR COURT CASE N0. C V-20-004050
PROOF 0F SERVICE
I declare that I am employed in the County of Santa Clara, State of California. I am over
the age of eighteen years and not a party t0 the within cause; my business address is 983
University Avenue, Suite 104C, Los Gates, California, 95032. Upon this day, l served the
Within: CASE MANAGEMENT STATEMENT on the following interested parties in said
cause:
Attorney for Defendants
Joseph H. Boyd
10 Attorney at Law
17351 4S Ranch Parkway
ll San Diego, CA 92127
12
jhboydlaw@gmail.com
Mason
l3
BY OVERNIGHT MAIL/COURIER --
CCP $6 1013(C), 2015.5: By placing a true copy
14 thereof enclosed in a sealed envelope(s), addressed as above, and placing each for collectionby overnight mail
service or overnight courier service. I am readily familiar with my firm's business practice of collection and
Sweeney
15 processing of correspondence for overnight mail or overnight courier service, and any correspondence placed for
collection for overnight delivery would, in the ordinary course of business, be delivered to an authorized courier or
16 driver authorized by the overnight mail carrier to receivedocuments, with delivery fees paid or provided for,that
same day, for delivery on the following business day.
17
18
E BY EMAIL 0R ELECTRONIC TRANSMISSION --
CCP $5 1010.6, 1013(e), 2015.5, CRC 2008.-
Based on a courtorder or an agreement of thepartiesto accept serviceby email or electronictransmission,lcaused the
l did not receive, within a
documents to be sent to the persons at the email addresses or at the facsimile numbers listed above.
l9 reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful.
l am
readily familiarwith my firm’s business practiceof processing and transmitting documents by email or electronic
20 transmission(s) and any such documents would be transmitted in the ordinary course of business.
21 I declare under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct.
23 Dated: 9, 2021 /y/ Angequxey
April
24
25
26
27
28
PROOF OF SERVICE