Preview
17CV308393
Santa Clara — Civil
M-14
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): FOR COURT USE ONLY ystenr stem
Jonathan c. Bacon (Bar No. 111267)
MOKRI, VANIS & JONES LLP Electronically Filed
2251 Fair Oaks BI., Suite 100 lby Superior Court of CA,
Sacramento, CA 95925 (County of Santa Clara,
TELEPHONE NO.: 925-375-1854 FAX NO. (Optiona): 916-307-6353
E-MAIL ADDRESS (Optiona): joacon@mvyjllp.com
lon 8/18/2020 3:02 PM
ATTORNEY FOR (Name): X-Def. Fernandez's Painting Reviewed By: System System
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
ase #17CV308393
STREET ADDRESS: : 191 N. First Street Envelope: 4786333
MAILING ADDRESS:
CITY AND ZIP CODE: San Jose, CA 95113.
BRANCH NAME:
PLAINTIFF/PETITIONER: SHANNON GAINES.
DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL.
CASE MANAGEMENT STATEMENT CASE NUMBER:
17C1V308393
(Check one): Xl UNLIMITED CASE Oo LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: September 8, 2020 Time: 10:00 a.m. Dept.: 6 Div.: Room:
Address of court (if different from the address above):
KX] __ Notice of Intent to Appear by Telephone, by (name): Jonathan C. Bacon
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a KX] This statement is submitted by party (name): X-Def. Fernandez Painting
b, (This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date):
b, (1 The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a O al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [1] The following parties named in the complaint or cross-complaint
(1) C1 have not been served (specify names and explain why not):
(2) (have been served but have not appeared and have not been dismissed (specify names):
(3) (have had a default entered against them (specify names):
c. O The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Description of case
a Type of case in & complaint KK cross-complaint (Describe, including causes of action):
Construction Defect
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of California rules 3.720-3.730,
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
neriean
www, Form Fla
CM-110
PLAINTIFF/PETITIONER: SHANNON GAINES CASE NUMBER:
17CV308393
| DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. 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.)
Miscellaneous alleged defects in a single family home located at 14345 Maclay Court, Saratoga.
fe} (If more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request Ed a jury trial D2 anonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. (1 The trial has been set for (date):
b. KX] 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):
TRIALS: 10/13/20; 11/9/20;2/1/21;3/15/21
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. El days (specify number): 15
De el hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial 1 by the attorney or party listed in the caption C1 by the following:
a. Attorney:
b. Firm:
¢. Address:
d Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Oo Additional representation is described in Attachment 8.
Preference
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 &] has C1 has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party oO has oO has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [1 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 O 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.
@ O 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):
CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5
American Ine.
www. Form: Wc
CM-110
PLAINTIFF/PETITIONER: SHANNON GAINES ‘CASE NUMBER:
17CV308393
[DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. 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 ail 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):
Oo Mediation session not yet scheduled
O Mediation session scheduled for (date):
(1) Mediation
Oo Agreed to complete mediation by (date):
Mediation completed on (date): July 22,2020 (2nd expected)
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date) :
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
(M-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5
‘American L galN Ine.
www. FormsWork! v.09
CM-110
bs PLAINTIFF/PETITIONER: SHANNON GAINES ‘CASE NUMBER:
17CV308393
IEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL
411. Insurance
a Xl Insurance carrier, if any, for party filing this statement (name): AmTrust North America
b. Reservation of rights: X Yes 0 No
. O 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.
1 Bankruptcy [] Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. 1 There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
(1 Additional cases are described in Attachment 13a.
b, 1 Amotion to Oo consolidate Oo coordinate will be filed by (name party):
14, Bifurcation
1 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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motions in Limine
16. Discovery
a. (1 The party or parties have completed all discovery.
b OJ The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Descriptio! Date
Per Special Master/Pre-Trial Order
¢. 1 The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5
Amer alNet, Ine.
www forkFlo ‘om
CM-110
PLAINTIFF/PETITIONER: SHANNON GAINES CASE NUMBER:
17CV308393
| DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL
17. Economic litigation
a C1 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. (1 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
Ed The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): Continuing entry of additional parties which wil delay forward progress.
19. Meet and confer
a EJ 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):
| 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: August 24, 2020
Jonathan C. Bacon D Sonathan
0, Bacon
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
>
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
C1 Additional signatures are attached.
(OM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5
in LegalNet,I
ms Work
PROOF OF SERVICE
Name of Action: Gaines v. T. Miller Construction, Inc.
Court and Action No: Santa Clara County Superior Court Action No. 17CV308393
I, Yolanda Bullock, declare that I am over the age of eighteen years and not a party to this
action or proceeding. My business address is 2251 Fair Oaks Blvd, Suite 100, Sacramento CA
95828. On the date listed below, I caused the following document(s) to be served:
FERNANDEZ PAINTING’S CASE MANAGEMENT CONFERENCE
STATEMENT - 9-8-20
I electronically served the above-referenced document(s) through
File&ServeXpress. E-Mail. E-service in this action was completed on all parties listed
on the service list maintained by File&ServeXpress. This service complies with the
Court’s Order in this case
10
I declare under penalty of perjury that the foregoing is true and correct. Executed on
August 18, 2020.
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Q“blands SBullock
Yolanda Bullock
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PROOF OF SERVICE
Preview
17CV308393 Santa Clara — Civil M-14 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): FOR COURT USE ONLY ystenr stem Jonathan c. Bacon (Bar No. 111267) MOKRI, VANIS & JONES LLP Electronically Filed 2251 Fair Oaks BI., Suite 100 lby Superior Court of CA, Sacramento, CA 95925 (County of Santa Clara, TELEPHONE NO.: 925-375-1854 FAX NO. (Optiona): 916-307-6353 E-MAIL ADDRESS (Optiona): joacon@mvyjllp.com lon 8/18/2020 3:02 PM ATTORNEY FOR (Name): X-Def. Fernandez's Painting Reviewed By: System System SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA ase #17CV308393 STREET ADDRESS: : 191 N. First Street Envelope: 4786333 MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 95113. BRANCH NAME: PLAINTIFF/PETITIONER: SHANNON GAINES. DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL. CASE MANAGEMENT STATEMENT CASE NUMBER: 17C1V308393 (Check one): Xl UNLIMITED CASE Oo LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 8, 2020 Time: 10:00 a.m. Dept.: 6 Div.: Room: Address of court (if different from the address above): KX] __ Notice of Intent to Appear by Telephone, by (name): Jonathan C. Bacon INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a KX] This statement is submitted by party (name): X-Def. Fernandez Painting b, (This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date): b, (1 The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a O al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [1] The following parties named in the complaint or cross-complaint (1) C1 have not been served (specify names and explain why not): (2) (have been served but have not appeared and have not been dismissed (specify names): (3) (have had a default entered against them (specify names): c. O The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): Description of case a Type of case in & complaint KK cross-complaint (Describe, including causes of action): Construction Defect Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California rules 3.720-3.730, CM-110 [Rev. July 1, 2011] www.courts.ca.gov neriean www, Form Fla CM-110 PLAINTIFF/PETITIONER: SHANNON GAINES CASE NUMBER: 17CV308393 | DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. 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.) Miscellaneous alleged defects in a single family home located at 14345 Maclay Court, Saratoga. fe} (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request Ed a jury trial D2 anonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. (1 The trial has been set for (date): b. KX] 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): TRIALS: 10/13/20; 11/9/20;2/1/21;3/15/21 Estimated length of trial The party or parties estimate that the trial will take (check one): a. El days (specify number): 15 De el hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial 1 by the attorney or party listed in the caption C1 by the following: a. Attorney: b. Firm: ¢. Address: d Telephone number: f. Fax number: e. E-mail address: g. Party represented: Oo Additional representation is described in Attachment 8. Preference 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 &] has C1 has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party oO has oO has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [1 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 O 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. @ O 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): CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 American Ine. www. Form: Wc CM-110 PLAINTIFF/PETITIONER: SHANNON GAINES ‘CASE NUMBER: 17CV308393 [DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. 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 ail 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): Oo Mediation session not yet scheduled O Mediation session scheduled for (date): (1) Mediation Oo Agreed to complete mediation by (date): Mediation completed on (date): July 22,2020 (2nd expected) Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date) : Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (M-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 ‘American L galN Ine. www. FormsWork! v.09 CM-110 bs PLAINTIFF/PETITIONER: SHANNON GAINES ‘CASE NUMBER: 17CV308393 IEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL 411. Insurance a Xl Insurance carrier, if any, for party filing this statement (name): AmTrust North America b. Reservation of rights: X Yes 0 No . O 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. 1 Bankruptcy [] Other (specify): Status: 13. Related cases, consolidation, and coordination a. 1 There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: (1 Additional cases are described in Attachment 13a. b, 1 Amotion to Oo consolidate Oo coordinate will be filed by (name party): 14, Bifurcation 1 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 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motions in Limine 16. Discovery a. (1 The party or parties have completed all discovery. b OJ The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptio! Date Per Special Master/Pre-Trial Order ¢. 1 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 Amer alNet, Ine. www forkFlo ‘om CM-110 PLAINTIFF/PETITIONER: SHANNON GAINES CASE NUMBER: 17CV308393 | DEFENDANT/RESPONDENT: T. MILLER CONSTRUCTION, INC. ET AL 17. Economic litigation a C1 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. (1 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 Ed The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Continuing entry of additional parties which wil delay forward progress. 19. Meet and confer a EJ 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): | 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: August 24, 2020 Jonathan C. Bacon D Sonathan 0, Bacon (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) C1 Additional signatures are attached. (OM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 in LegalNet,I ms Work PROOF OF SERVICE Name of Action: Gaines v. T. Miller Construction, Inc. Court and Action No: Santa Clara County Superior Court Action No. 17CV308393 I, Yolanda Bullock, declare that I am over the age of eighteen years and not a party to this action or proceeding. My business address is 2251 Fair Oaks Blvd, Suite 100, Sacramento CA 95828. On the date listed below, I caused the following document(s) to be served: FERNANDEZ PAINTING’S CASE MANAGEMENT CONFERENCE STATEMENT - 9-8-20 I electronically served the above-referenced document(s) through File&ServeXpress. E-Mail. E-service in this action was completed on all parties listed on the service list maintained by File&ServeXpress. This service complies with the Court’s Order in this case 10 I declare under penalty of perjury that the foregoing is true and correct. Executed on August 18, 2020. 11 12 13 Q“blands SBullock Yolanda Bullock 14 5 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE