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From: Susan Angelos Fax: 19252564466 To: Fax: (510) 267-1546 Page: 2 of 7 06/07/2021 3:58 PM
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address}: F | LE D BY FAXur
David W. Ginn (124894) / Peter C. Lyon (174019) ALAMEDA COUNTY
GINN & CROSBY, LLP June 08, 2021
1485 Treat Bivd., Ste. 200, Walnut Creek, CA 94597 CLERK OF
TELEPHONE NO.: . 925-256-4466 FAX NO. (Optionay: 925-256-4423 THE SUPERIOR
By Milagros Cortez,COURT
Deputy
E-MAIL ADDRESS (Optionay: dginn@ginnlaw.com / plyon@ginnlaw.com
ATTORNEY
FOR (Nome): Plaintiff City of Dublin CASE NUMBER:
SUPERIOR COURT OF CALIFORNIA, COUNTY oF Alameda RG21087601
street appress: 1225 Fallon Street
MAILING ADDRESS:
Cry AND ZIP CODE: Oakland, CA 94612
BRANCH NAME: Rene C, Davidson Courthouse
PLAINTIFF/PETITIONER: City of Dublin
DEFENDANT/RESPONDENT: Dahlin Group, Inc., et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE (J umirep case RG 21087601
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or tess)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: June 22, 2021 Time: 3:00 p.m. Dept.: 19 Div.: Room:
Address of court (if different from the address above):
1221 Oak Street, 3rd Floor, Oakland, CA 94612
Notice of intent to Appear by Telephone, by (name): David W. Ginn
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a ‘This statement is submitted by party (name): City of Dublin
b. [1 This statement is submitted Jointly by parties (names):
2. Complaint and cross-compiaint (to be answered by plaintiffs and cross-compiainants only)
a. The complaint was filed on (date): February 10, 2021
b. [7] The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-compliaint have been served, have appeared, or have been dismissed.
b. [—_] The following parties named in the complaint or cross-complaint
(1) [21 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) [1 have had a default entered against them (specify names):
c. C7) 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 complaint [1] cross-compiaint (Rescribe, including causes of action):
Breach of Contract and Professional Negligence against architect and engineer in connection with renovation
and construction of City-owned site.
Pago 1 of §
Fem Adapted fo: Mandatory Use CASE MANAGEMENT STATEMENT partie ices
CM-110 [Rev. July 1, 20174} WHR. COUTTS.C8.Q04
From: Susan Angelos Fax: 19252564466 To: Fax: (510) 267-1546 Page: 3 of 7 06/07/2021 3:58 PM
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PLAINTIFF/PETITIONER: City of Dublin CASE NUMBER:
DEFENDANT/RESPONDENT: Dahlin Group, inc., et al. RG 21087601
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
eamings to date, and estimated future lost earings. If equitable relief is sought, describe the nature of the relief.)
Architect Dahlin Group, Inc. and BCA Structural Engineering provided services to City of Dublin for renovation
and construction of site for City's essential services. Defendants failed to perform according the contract, and
breached their duty of care to perform to industry standards. Darnages are estimated to exceed $1,324,597.87.
[7] (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 a jury trial Ja nonjury trial. (if more than one party, provide the name of each party
requesting a jury tral):
6. Trial date
a. [7] The tral has been set for (date):
b. 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. Gales: éthighprtips A attomeys 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): 15
b. {([_] hours (short causes) (specify):
8. Trial representation (to be answered for each party)
‘The party or parties will be represented at trial by the attomey or party listed in the caption [__] by the following:
a. Attomey:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
[-] Additional representation is described in Attachment 8.
9. Preference
[7] 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 counse!: Counse! nas [_] 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 ] has CJ 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 1141.14 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) [[7] 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) [7] This case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CHEAT TRav. uy 1, 2097] CASE MANAGEMENT STATEMENT Page 20fs
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| PLAINTIFF/PETITIONER: City of Dublin EASE NUMBER:
PEFENDANT/RESPONDENT: Dahtin Group, inc., et al. RG 21087601
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 compieting 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):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
O00
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
OOOO;OOO00;/OO00;O000;O008
{2) Settlernent 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 scheduted
(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
Private arbitration scheduled for (date):
(5) Binding private
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (dafe):
ADR completed on (date):
OM-110 [Rev. duly 1, 2044] Page
3 of 5
CASE MANAGEMENT STATEMENT
From: Susan Angelos Fax: 19252564466 To: Fax: (510) 267-1546 Page: 5 of 7 06/07/2021 3:58 PM
CM-110
PLAINTIFF/PETITIONER: City of Dublin CASE NUMBER:
DEFENDANT/RESPONDENT: Dahlin Group, Inc., et al. RG 21087601
11. Insurance
a. [J insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [7] Yes [77] No
c. [77] 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.
[£2] Bankruptcy [“] other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [7] ‘There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[—] Additional cases are described in Attachment 13a.
b. EX] Amotionto [7] consolidate [] coordinate —_will be filed by (name party):
14, Bifurcation
[] 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):
16. Discovery
a. [—] The party or parties have completed all discovery.
b. (1) The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Written discovery March 30, 2022
Plaintiff Depositions March 30, 2022
Plaintiff Expert discovery Per code
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 fRav. July 1, 2041] CASE MANAGEMENT STATEMENT Page 4 ofS
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PLAINTIFFIPETITIONER: — City of Dublin GASE NUMBER:
—_ . RG 21087601
| DEFENDANTIRESPONDENT: Dahlin Group, Inc., et al.
17, Economic litigation
alo 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 Proceduré sections 90-98 will apply to this case.
b, ("7 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
["" The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. [] 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 méeting 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):
lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as wall 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 parly where required.
Date: June 7, 2021 (
David W. Ginn 2a \ ma
(TYPE OR PRINT NAME} Alena RE) ow Pa FY OF ATTORNE
a /
(TYPE OR PRINT NAME} 7 5
(SIGN, fs
F PARTY GR A’ ‘ORNEY)
Co Keio sate te attached:
CM-140 [Rav. July 1, 2014}
CASE MANAGEMENT STATEMENT Page Sof $
From: Susan Angelos Fax: 19252564466 To: Fax: (510) 267-1546 Page: 7 of 7 06/07/2021 3:58 PM
PROOF OF SERVICE
City of Dublin v. Dahlin Group, Inc, et al.
ba
L-SUSAN C. ANGELOS, declare:
had
tam over eighteen years of age and not a party to the within action; my business address is 1485
OUR
Treat Blvd., Ste. 200, Walnut Creek, California 94597, my email address is sangelos@ginnlaw.com, and
lam employed in Contra Costa County, California.
On June 7, 2021, I served a copy of the following document(s):
sb
CASE MANAGEMENT STATEMENT
OR
Addressed To:
So
WILLIAM J. PETERS ENRIQUE MARINEZ
JACOB D. COLVIN ROPERS MAJESKI PC
GORDON REES SCULLY 1001 Marshall Street, 5th Floor
MANSUKHANI, LLP Redwood City, CA 94063
275 Battery Street, Suite 2000
San Franciseo, CA 94111 Telephone: 650.364.8200
Facsimile: 650.780.1701
Telephone: (415) 875-3143 Email: enrique.marinez@ropers.com
Facsimile: (415) 986-8054
Email: wpeters@grsm. com
jeolvin@ersm.com
(BY ELECTRONIC TRANSMISSION) I personally emailed such documents (s) on this date
to the offices of the addressee(s). I did not receive, within a reasonable time after the transmission, any
electronic.message or other indication that the transmission was unsuccessful
x__ (BY MAIL) to the address listed above, in accordance with Code of Civil Procedure §1013a(3),
by placing a true copy thereof enclosed in sealed envelopes in a designated area for outgoing mail. At
Ginn & Crosby, LLP, mail placed in that designated area is given the correct amount of postage and is
deposited the same day, in the ordinary course of business, in a United States mailbox in the city of
Wainut Creek, California.
I declare under penalty of perjury, under the laws of the State of California, that the foregoing is
true and correct and that this declaration was executed on June 7, 2021 in Walnut Creek, California.
4
i ,
Han. Cay tlh
SUSAN C. ANGELOS
-1-
PROOF OF SERVICE