Preview
1 SULLIVAN HILL REZ & ENGEL
A Professional Law Corporation
2 Timothy C. Earl, SBN 174967
earl@sullivanhill.com
3 Shailendra U. Kulkarni, SBN 304761
kulkarni@sullivanhill.com
4 600 B Street, 17th Floor
San Diego, California 92101
5 Tel: (619) 233-4100/Fax: (619) 231-4372
6 Attorneys for Defendant/Cross-Complainant THIRD STREET NAPA DEVELOPMENT,
LLC, Cross-Defendant/Cross-Complainant VESTA PACIFIC DEVELOPMENT, INC., and
7 Defendant ATLANTIC SPECIALITY INSURANCE COMPANY
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF NAPA
9
SYAR CONCRETE, LLC, a limited ) Case No. 21CV000406
10 liability company, )
) STIPULATION TO CONTINUE
11 Plaintiff, ) TRIAL DATE AND HEARING ON
) MOTION FOR SUMMARY
12 v. ) JUDGMENT/ADJUDICATION
)
13 RLM CONSTRUCTION SERVICES, )
INC., a California corporation, )
14 C3 CAPITAL, LLC, a limited liability )
company, THIRD STREET NAPA ) Dept.: A
15 DEVELOPMENT, LLC, a California ) Judge: Hon. Cynthia Smith
limited liability company, ) Trial Date: May 16, 2022
16 MICHAEL REYES, also known as ) Complaint Filed: March 23, 2021
MIKE L. REYES, a private individual; )
17 ARCH INSURANCE COMPANY, a )
Missouri Corporation, )
18 ATLANTIC SPECIALTY INSURANCE )
COMPANY, a New York Corporation, )
19 and DOES 1 through 30, inclusive, )
)
20 Defendants. )
)
21 AND ALL RELATED CROSS-ACTIONS. )
)
22
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
#5046825v1 1
STIPULATION TO CONTINUE TRIAL DATE AND HEARING ON
MOTION FOR SUMMARY JUDGMENT/ADJUDICATION
LAST & FAORO
1 Attorneys at Law
William C. Last, SBN 83588
2 wclast@lf-lawyers.com
Patrick J. Whitehorn, SBN 225927
3
pjwhitehorn@lf-lawyers.com
4 177 Bovet Road, Suite 550
San Mateo, CA 94402
5 Telephone: (866) 904-4725/Fax: (650) 696-8365
6 Attorneys for Plaintiff SYAR CONCRETE, LLC
7 Steven E. Boehmer, Esq, SBN 144817
sboehmer@mcdougallove.com
8 Matthew A. Thurmer, Esq., SBN 298523
mthurmer@mcdougallove.com
9 McDOUGAL LOVE BOEHMER
FOLEY LYON & MITCHELL
10 8100 La Mesa Blvd., Suite 200
La Mesa, California 91942
11 Telephone: ( 619) 440-4444/Fax: ( 619) 440-4907
12
Attorneys for Defendant/Cross-Complainant RLM CONSTRUCTION SERVICES, INC., and Defendant
13 MICHAEL REYES
14 Plaintiff SYAR CONCRETE, LLC (“SYAR”), Defendant/Cross-Complainant THIRD
15 STREET NAPA DEVELOPMENT, LLC (“THIRD STREET”), Defendant ATLANTIC SPECIALTY
16 INSURANCE COMPANY (“ATLANTIC”), Defendant/Cross-Complainant RLM CONSTRUCTION
17 SERVICES, INC. (“RLM”), Defendant MICHAEL REYES (“REYES”), and Cross-Defendant/Cross-
18 Complainant VESTA PACIFIC DEVELOPMENT, INC. (“VESTA PACIFIC”) (collectively, the
19 “Parties”), by and through their respective attorneys of record, hereby stipulate and jointly request as
20 follows:
21 WHEREAS, on or about March 23, 2021, Plaintiff SYAR initiated the captioned lawsuit by
22 filing its Complaint (“Complaint”) in this matter;
23 WHEREAS, the undersigned Parties represent all parties which a) have appeared in this matter,
24 and b) have not been dismissed at earlier points in this litigation;
25 WHEREAS, on or about September 1, 2021, the Parties participated in a Case Management
26 Conference (“CMC”) in this matter, as a result of which the following relevant dates were set:
27 a. Jury Trial -- May 16, 2022;
28 b. Trial Management Conference -- May 12, 2022; and
#5046825v1 2
STIPULATION TO CONTINUE TRIAL DATE AND HEARING ON
MOTION FOR SUMMARY JUDGMENT/ADJUDICATION
1 c. Mandatory Settlement Conference -- April 14, 2022.
2 WHEREAS, on or about January 20, 2022, SYAR filed a Motion for Summary Judgment or in
3 the Alternative Summary Adjudication (the “Dispositive Motion”), seeking summary judgment and/or
4 summary adjudication with respect to SYAR’s claims against Defendants RLM, REYES, and
5 ATLANTIC;
6 WHEREAS, the hearing on SYAR’s Dispositive Motion is currently scheduled for April 8,
7 2022;
8 WHEREAS, the Parties are currently engaged in settlement discussions which, if successful,
9 could either eliminate the need for further proceedings in this matter or substantially narrow the claims
10 and/or parties at issue herein;
11 WHEREAS, in the spirit of cooperation, and for the purpose of maximizing the efficacy of the
12 above-referenced settlement discussions, the Parties jointly desire to:
13 a. Continue the April 8, 2022, hearing on SYAR’s Dispositive Motion for a period
14 of approximately sixty (60) days, or such other time as the Court may deem appropriate under the
15 circumstances;
16 b. Continue the May 16, 2022, trial date herein for a period of approximately nine
17 (9) months, or such other time as the Court may deem appropriate under the circumstances; and
18 c. Vacate both the April 14, 2022, Mandatory Settlement Conference date and the
19 May 12, 2022, Trial Management Conference date, with such dates to be rescheduled, as appropriate,
20 upon the Court’s setting of a rescheduled trial date;
21 WHEREAS, the Parties further certify that the continuances sought herein are not requested
22 for an improper purpose, to cause unnecessary delay, or to needlessly increase the cost of litigation;
23 NOW THEREFORE, pursuant to Rule 3.1332 of the California Rules of Court, and for good
24 cause shown, the Parties hereby stipulate and jointly request that the Court order as follows:
25 ///
26 ///
27 ///
28 ///
#5046825v1 3
STIPULATION TO CONTINUE TRIAL DATE AND HEARING ON
MOTION FOR SUMMARY JUDGMENT/ADJUDICATION
1 a. That the April 8, 2022, hearing on SYAR's Dispositive Motion be continued for
2 a period of approximately sixty (60) days, or such other time as the Court may deem appropriate under
3 the circumstances;
4 b. That the May 16, 2022, trial date herein be continued for a period of
5 approximately nine (9) months, or such other time as the Court may deem appropriate under the
6 circumstances; and
7 C. That both the April 14, 2022, Mandatory Settlement Conference date and the
8 May 12, 2022, Trial Management Conference date be vacated, with such dates to be rescheduled as
9 appropriate, upon the Court's setting of a rescheduled trial date.
10 Dated: March 17, 2022 LAST&FAORO
11
12 By:
William C. Last
13 Patrick J. Whitehorn
Attorneys for Plaintiff SYAR CONCRETE, LLC
14 Dated: March 17, 2022
SULLIVAN HILL REZ & ENGEL, APLC
15
16
By:
17 Timothy C. Earl, Esq.
Shailendra U. Kulkarni, Esq.
18 Attorneys for Defendant/Cross-Complainant
THIRD STREET NAPA DEVELOPMENT, LLC,
19 Cross-Defendant/Cross-Complainant VESTA
PACIFIC DEVELOPMENT, INC., and Defendant
20 ATLANTIC SPECIALTY INSURANCE
COMPANY
21
22 Dated: March 17, 2022 McCDOUGALLOVEBOEHMER
FOLEY LYON & MITCHELL
23
24
By:
25 Steven E. Boeh , er, q.
Matthew A. Thu r, /t~ .
26 Attorneys for Defendao(s/Cross-C01 plainant
RLM CONSTRUCTION SERVICES, INC . and
27 Defendant MICHAEL REYES
28
#5046825vl 4
STIPULATIO TO CONTINUE TRIAL DATE AND HEARING ON
MOTION FOR SUMMARY JUDGMENT/ADJUDICATION
1 a. That the April 8, 2022, hearing on SYAR's Dispositive Motion be continued for
2 a period of approximately sixty (60) days, or such other time as the Court may deem appropriate under
3 the circumstances;
4 b. That the May 16, 2022, trial date herein be continued for a period of
5 approximately nine (9) months, or such other time as the Court may deem appropriate under the
6 circumstances; and
7 C. That both the April 14, 2022, Mandatory Settlement Conference date and the
8 May 12, 2022, Trial Management Conference date be vacated, with such dates to be rescheduled, as
9 appropriate, upon the Court's setting of a rescheduled trial date.
10 Dated: March 18, 2022 LAST&FAORO
11
12 By:
Will' C. Last
13 P rick J. Whitehorn
Attorneys for Plaintiff SYAR CONCRETE, LLC
14 Dated: March 18, 2022
SULLIVAN HILL REZ & ENGEL, APLC
15
16
By:
17 Timothy C. Earl, Esq.
Shailendra U. Kulkarni, Esq.
18 Attorneys for Defendant/Cross-Complainant
THIRD STREET NAPA DEVELOPMENT, LLC,
19 Cross-Defendant/Cross-Complainant VESTA
PACIFIC DEVELOPMENT, INC., and Defendant
20 ATLANTIC SPECIALTY INSURANCE
COMPANY
21
22 Dated: March 18, 2022 McCDOUGALLOVEBOEHMER
FOLEY LYON & MITCHELL
23
24
By:
25 Steven E. Boehmer, Esq.
Matthew A. Thurmer, Esq.
26 Attorneys for Defendants/Cross-Complainant
RLM CONSTRUCTION SERVICES, INC. and
27 Defendant MICHAEL REYES
28
#5046825vl 4
STIPULATION TO CONTINUE TRIAL DATE AND HEARING ON
MOTION FOR SUMMARY JUDGMENT/ADJUDICATION
Preview
1 SULLIVAN HILL REZ & ENGEL A Professional Law Corporation 2 Timothy C. Earl, SBN 174967 earl@sullivanhill.com 3 Shailendra U. Kulkarni, SBN 304761 kulkarni@sullivanhill.com 4 600 B Street, 17th Floor San Diego, California 92101 5 Tel: (619) 233-4100/Fax: (619) 231-4372 6 Attorneys for Defendant/Cross-Complainant THIRD STREET NAPA DEVELOPMENT, LLC, Cross-Defendant/Cross-Complainant VESTA PACIFIC DEVELOPMENT, INC., and 7 Defendant ATLANTIC SPECIALITY INSURANCE COMPANY 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF NAPA 9 SYAR CONCRETE, LLC, a limited ) Case No. 21CV000406 10 liability company, ) ) STIPULATION TO CONTINUE 11 Plaintiff, ) TRIAL DATE AND HEARING ON ) MOTION FOR SUMMARY 12 v. ) JUDGMENT/ADJUDICATION ) 13 RLM CONSTRUCTION SERVICES, ) INC., a California corporation, ) 14 C3 CAPITAL, LLC, a limited liability ) company, THIRD STREET NAPA ) Dept.: A 15 DEVELOPMENT, LLC, a California ) Judge: Hon. Cynthia Smith limited liability company, ) Trial Date: May 16, 2022 16 MICHAEL REYES, also known as ) Complaint Filed: March 23, 2021 MIKE L. REYES, a private individual; ) 17 ARCH INSURANCE COMPANY, a ) Missouri Corporation, ) 18 ATLANTIC SPECIALTY INSURANCE ) COMPANY, a New York Corporation, ) 19 and DOES 1 through 30, inclusive, ) ) 20 Defendants. ) ) 21 AND ALL RELATED CROSS-ACTIONS. ) ) 22 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// #5046825v1 1 STIPULATION TO CONTINUE TRIAL DATE AND HEARING ON MOTION FOR SUMMARY JUDGMENT/ADJUDICATION LAST & FAORO 1 Attorneys at Law William C. Last, SBN 83588 2 wclast@lf-lawyers.com Patrick J. Whitehorn, SBN 225927 3 pjwhitehorn@lf-lawyers.com 4 177 Bovet Road, Suite 550 San Mateo, CA 94402 5 Telephone: (866) 904-4725/Fax: (650) 696-8365 6 Attorneys for Plaintiff SYAR CONCRETE, LLC 7 Steven E. Boehmer, Esq, SBN 144817 sboehmer@mcdougallove.com 8 Matthew A. Thurmer, Esq., SBN 298523 mthurmer@mcdougallove.com 9 McDOUGAL LOVE BOEHMER FOLEY LYON & MITCHELL 10 8100 La Mesa Blvd., Suite 200 La Mesa, California 91942 11 Telephone: ( 619) 440-4444/Fax: ( 619) 440-4907 12 Attorneys for Defendant/Cross-Complainant RLM CONSTRUCTION SERVICES, INC., and Defendant 13 MICHAEL REYES 14 Plaintiff SYAR CONCRETE, LLC (“SYAR”), Defendant/Cross-Complainant THIRD 15 STREET NAPA DEVELOPMENT, LLC (“THIRD STREET”), Defendant ATLANTIC SPECIALTY 16 INSURANCE COMPANY (“ATLANTIC”), Defendant/Cross-Complainant RLM CONSTRUCTION 17 SERVICES, INC. (“RLM”), Defendant MICHAEL REYES (“REYES”), and Cross-Defendant/Cross- 18 Complainant VESTA PACIFIC DEVELOPMENT, INC. (“VESTA PACIFIC”) (collectively, the 19 “Parties”), by and through their respective attorneys of record, hereby stipulate and jointly request as 20 follows: 21 WHEREAS, on or about March 23, 2021, Plaintiff SYAR initiated the captioned lawsuit by 22 filing its Complaint (“Complaint”) in this matter; 23 WHEREAS, the undersigned Parties represent all parties which a) have appeared in this matter, 24 and b) have not been dismissed at earlier points in this litigation; 25 WHEREAS, on or about September 1, 2021, the Parties participated in a Case Management 26 Conference (“CMC”) in this matter, as a result of which the following relevant dates were set: 27 a. Jury Trial -- May 16, 2022; 28 b. Trial Management Conference -- May 12, 2022; and #5046825v1 2 STIPULATION TO CONTINUE TRIAL DATE AND HEARING ON MOTION FOR SUMMARY JUDGMENT/ADJUDICATION 1 c. Mandatory Settlement Conference -- April 14, 2022. 2 WHEREAS, on or about January 20, 2022, SYAR filed a Motion for Summary Judgment or in 3 the Alternative Summary Adjudication (the “Dispositive Motion”), seeking summary judgment and/or 4 summary adjudication with respect to SYAR’s claims against Defendants RLM, REYES, and 5 ATLANTIC; 6 WHEREAS, the hearing on SYAR’s Dispositive Motion is currently scheduled for April 8, 7 2022; 8 WHEREAS, the Parties are currently engaged in settlement discussions which, if successful, 9 could either eliminate the need for further proceedings in this matter or substantially narrow the claims 10 and/or parties at issue herein; 11 WHEREAS, in the spirit of cooperation, and for the purpose of maximizing the efficacy of the 12 above-referenced settlement discussions, the Parties jointly desire to: 13 a. Continue the April 8, 2022, hearing on SYAR’s Dispositive Motion for a period 14 of approximately sixty (60) days, or such other time as the Court may deem appropriate under the 15 circumstances; 16 b. Continue the May 16, 2022, trial date herein for a period of approximately nine 17 (9) months, or such other time as the Court may deem appropriate under the circumstances; and 18 c. Vacate both the April 14, 2022, Mandatory Settlement Conference date and the 19 May 12, 2022, Trial Management Conference date, with such dates to be rescheduled, as appropriate, 20 upon the Court’s setting of a rescheduled trial date; 21 WHEREAS, the Parties further certify that the continuances sought herein are not requested 22 for an improper purpose, to cause unnecessary delay, or to needlessly increase the cost of litigation; 23 NOW THEREFORE, pursuant to Rule 3.1332 of the California Rules of Court, and for good 24 cause shown, the Parties hereby stipulate and jointly request that the Court order as follows: 25 /// 26 /// 27 /// 28 /// #5046825v1 3 STIPULATION TO CONTINUE TRIAL DATE AND HEARING ON MOTION FOR SUMMARY JUDGMENT/ADJUDICATION 1 a. That the April 8, 2022, hearing on SYAR's Dispositive Motion be continued for 2 a period of approximately sixty (60) days, or such other time as the Court may deem appropriate under 3 the circumstances; 4 b. That the May 16, 2022, trial date herein be continued for a period of 5 approximately nine (9) months, or such other time as the Court may deem appropriate under the 6 circumstances; and 7 C. That both the April 14, 2022, Mandatory Settlement Conference date and the 8 May 12, 2022, Trial Management Conference date be vacated, with such dates to be rescheduled as 9 appropriate, upon the Court's setting of a rescheduled trial date. 10 Dated: March 17, 2022 LAST&FAORO 11 12 By: William C. Last 13 Patrick J. Whitehorn Attorneys for Plaintiff SYAR CONCRETE, LLC 14 Dated: March 17, 2022 SULLIVAN HILL REZ & ENGEL, APLC 15 16 By: 17 Timothy C. Earl, Esq. Shailendra U. Kulkarni, Esq. 18 Attorneys for Defendant/Cross-Complainant THIRD STREET NAPA DEVELOPMENT, LLC, 19 Cross-Defendant/Cross-Complainant VESTA PACIFIC DEVELOPMENT, INC., and Defendant 20 ATLANTIC SPECIALTY INSURANCE COMPANY 21 22 Dated: March 17, 2022 McCDOUGALLOVEBOEHMER FOLEY LYON & MITCHELL 23 24 By: 25 Steven E. Boeh , er, q. Matthew A. Thu r, /t~ . 26 Attorneys for Defendao(s/Cross-C01 plainant RLM CONSTRUCTION SERVICES, INC . and 27 Defendant MICHAEL REYES 28 #5046825vl 4 STIPULATIO TO CONTINUE TRIAL DATE AND HEARING ON MOTION FOR SUMMARY JUDGMENT/ADJUDICATION 1 a. That the April 8, 2022, hearing on SYAR's Dispositive Motion be continued for 2 a period of approximately sixty (60) days, or such other time as the Court may deem appropriate under 3 the circumstances; 4 b. That the May 16, 2022, trial date herein be continued for a period of 5 approximately nine (9) months, or such other time as the Court may deem appropriate under the 6 circumstances; and 7 C. That both the April 14, 2022, Mandatory Settlement Conference date and the 8 May 12, 2022, Trial Management Conference date be vacated, with such dates to be rescheduled, as 9 appropriate, upon the Court's setting of a rescheduled trial date. 10 Dated: March 18, 2022 LAST&FAORO 11 12 By: Will' C. Last 13 P rick J. Whitehorn Attorneys for Plaintiff SYAR CONCRETE, LLC 14 Dated: March 18, 2022 SULLIVAN HILL REZ & ENGEL, APLC 15 16 By: 17 Timothy C. Earl, Esq. Shailendra U. Kulkarni, Esq. 18 Attorneys for Defendant/Cross-Complainant THIRD STREET NAPA DEVELOPMENT, LLC, 19 Cross-Defendant/Cross-Complainant VESTA PACIFIC DEVELOPMENT, INC., and Defendant 20 ATLANTIC SPECIALTY INSURANCE COMPANY 21 22 Dated: March 18, 2022 McCDOUGALLOVEBOEHMER FOLEY LYON & MITCHELL 23 24 By: 25 Steven E. Boehmer, Esq. Matthew A. Thurmer, Esq. 26 Attorneys for Defendants/Cross-Complainant RLM CONSTRUCTION SERVICES, INC. and 27 Defendant MICHAEL REYES 28 #5046825vl 4 STIPULATION TO CONTINUE TRIAL DATE AND HEARING ON MOTION FOR SUMMARY JUDGMENT/ADJUDICATION