`CM-110
`ATTORNEY OR PARTY WlTHOUT ATTORNEY (Name, Slate Bar number, and address):
`FOR COURTUSE ONLY
`
`Jan A. Gruen
`(Bar # 129842)
`
`Paymon Hifai
`(Bar # 306133)
`
`HORNER LAW GROUP, RC.
`
`
`800 S. Broadway, Suite 200
`ELECTRON ICALLY
`
`
`
`Walnut Creek, CA 94596
`FAXNO. (Optional): (925) 943-6888
`TELEPHONE No.: (925) 943-6570
`
`
`E-MAIL ADDRESS (Optional): j gmen@hornerlawgroup.com
`
`
`
`
`
`
`ATTORNEY FOR (Name): Union Investment Real Estate GmbH, Plaintiff
`
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
`
`08/ 20/ 2018
`
`
`Clark of the Court
`STREET ADDRESS: 400 McAllister Street
`
`BY:JEFFREY LEE
`
`
`MAiLlNG ADDRESS:
`[.‘Jepvutylr Clerk
`
`
`FILED
`Superior Court of California,
`County of San Francisco
`
`CITY AND ZIP CODE: San Francisco 94102
`BRANCH NAME:
`
`
`
`
`
`DEFENDANT/RESPONDENT: Turner Construction Company, a New York
`
`
`CASE NUMBER:
`
`
`
`l:l LIMITED CASE
`UNLIMITED CASE
`
`(Amount demanded is $25,000
`(Amount demanded
`
`CGC-17—561439
`or less)
`exceeds $25,000)
`
`
`A CASE MANAGEMENT CONFERENCE is scheduled as follows:
`
`
`
`
`Date: September 12, 2018
`Time: 10:30 am.
`Dept: 610
`Div.:
`Room:
`Address of court (if different from the address above):
`
`Notice of Intent to Appear by Telephone, by (name): Jan A. Gruen
`
`
`
`
`
`
`
`
`
` %i
`El
`l5
`iii
`lI
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`iiii
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`PLAINTIFF/PETITIONER: Union Investment Real Estate GmbH
`
`CASE MANAGEMENT STATEMENT
`
`(Check one):
`
`
`
`INSTRUCTIONS: Ail applicable boxes must be Checked, and the specified information must be provided.
`
`1.
`
`Party or parties (answer one):
`
`This statement is submitted by party (name):
`a.
`b. l:l This statement is submitted jointly by parties (names):
`
`Union Investment Real Estate GmbH
`
`2. Complaint and cross-complaint (to be answered by plaintiffs and cross—complainants only)
`a. The complaint was filed on (date): September 21, 2017
`b.
`The cross—complaint, if any, was filed on (date): 03/12/18 (Benson); 04/30/18 (Turner)
`
`3. Service (to be answered by plaintiffs and cross-complainants only)
`a. l:l All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
`b.
`The following parties named in the complaint or cross-complaint
`(1)
`3Z1
`have not been served (specify names and explain why not): ShenZhen Sanxin Special Glass
`Technology Co., Ltd. (foreign entity)
`have been served but have not appeared and have not been dismissed (specify names):
`Novum Structures, LLC
`(3) l:] have had a default entered against them (specify names):
`
`
`
`X l
`
`(2)
`
`C.
`
`The following additional arties may be added (specify names, nature of involvement in case, and date by which
`they may be served):
`nknown presently.
`
`‘
`4. Description of case
`(Describe, including causes of action):
`l:l cross-complaint
`complaint
`a.
`Type Of 0389 In
`Strict liability; strict liability (component parts); negligence; breach of contract; breach of express
`warranty; breach of contract (third—party beneficiary).
` Page 1 of 5
`Form Adopted for Mandatory Use
`Cal. Rules of Court,
`Judicial Council of California
`mles 3120—1730
`CM—110 [Rev. July 1, 2011]
`www.courtspalgov
`
`CASE MANAGEMENT STATEMENT
`
`LexisNexis® Automated California Judicial Council Forms
`
`

`

`
`
`
`CM-110
`
`PLAlNTlFF/PETlTIONER: Union Investment Real Estate GmbH, a German CASE NUMBER:
`
`DEFENDANT/RESPONDENT: Turner Construction Company, a New York CGC‘17'561439
`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 amounfl, estimated future medical expenses, lost
`eamings to date, and estimated future lost earnings. if equitable relief is sought, describe the nature of the relief.)
`This matter involves defective glass panes installed as part of a commercial building's lobby cable net wall
`system. Full replacement is required. The amount of damages/costs of replacement is under evaluation, but
`exceeds $45 0,000. Attorney's fees and costs and experts' fees and costs are contractually recoverable.
`.
`Settlement negotiations for full replacement and related damages are ongoing.
`l:l (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
`requesting a jury trial):
`
`6. Trial date
`
`ajury trial [:1 a nonjury trial.
`
`(If more than one party, provide the name of each party
`
`a. 1:: The trial 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):
`
`0. 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):
`
`days (specify number): 10~12 days
`a.
`b. I: hours (short causes) (specify):
`
`8. Trial representation (to be answered for each party)
`The party or parties will be represented at trial
`a. Attorney:
`b
`Firm:
`0 Address:
`
`d. Telephone number:
`
`E-mail address:
`e
`E] Additional representation is described in Attachment 8.
`9. Preference
`
`[:1 This case is entitled to preference (specify code section):
`
`10. Alternative dispute resolution (ADR)
`
`by the attorney or party listed in the caption 1:] by the following:
`
`f.
`
`g.
`
`Fax number:
`
`Party represented:
`
`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.
`has 1:] has not
`(1) For parties represented by counsel: Counsel
`in rule 3.221 to the client and reviewed ADR options with the client.
`
`provided the ADR information package identified
`
`(2) For self—represented parties: Party :1 has :1 has not reviewed the ADR information package identified in rule 3.221.
`
`b. Referral to judicial arbitration or civil action mediation (if available).
`(1)
`This matter is sub'ect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
`mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
`statutory limit.
`
`(2)
`
`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)
`
`x
`
`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 Civii Procedure section 1775 et seq. (specify exemption):
`CRC 3.811(1); CCP 1775.5 — The amount in controversy exceeds $50,000.
`
`CM-“OIRSV-JU'WWI
`
`CASE MANAGEMENT STATEMENT
`
`Pawn”
`
`LexisNexis® Automated California Judicial Council Forms
`
`
`
`
`
`
`
`
`

`

`CM—110
`CASE NUMBER:
`
`PLA'NT'FF/PET'T'ONERI Union Investment Real Estate GmbH, a German
`
`
`CGC—17—561439
`E
`a New York
`FENDANT/RESPONDENT: Turner Construction Compan
`
`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
`this form are willing to
`participate in the following ADR
`processes (check all that apply):
`
`If the party or parties completing this form in the case have agreed to
`participate in or have already completed an ADR process or processes,
`indicate the status of the processes (attach a copy of the parties’ADR
`stipulation):
`
`Mediation session not yet scheduled
`
`DEED Mediation completed on (date):
`
`Mediation session scheduled for (date): Ongoing
`
`Agreed to complete mediation by (date):
`
`
`
`(1) Mediation
`
`(2) Settlement
`conference
`
`3
`
`(
`
`) N
`
`|
`1
`eutra eva uation
`
`(4) Nonbinding judicial
`arbitration
`
`(5) Binding private
`arbitration
`
`(6) Other (specify):
`
`Settlement conference not yet scheduled
`
`I:l
`
`Settlement conference scheduled for (date):
`
`[:1
`
`Agreed to complete settlement conference by (date):
`
`[:1
`
`Settlement conference completed on (date):
`
`[:1
`
`[:1
`
`[:1
`
`[:1
`
`Neutral evaluation not yet scheduled
`
`Neutral evaluation scheduled for (date):
`Agreed to complete neutral evaluation by (date):
`
`Neutral evaluation completed on (date):
`
`I:
`
`Judicial arbitration not yet scheduled
`
`[II]
`
`III
`
`I:
`
`Judicial arbitration scheduled for (date):
`Agreed to complete judicial arbitration by (date):
`
`Judicial arbitration completed on (date):
`
`III
`
`Private arbitration not yet scheduled
`
`l:l
`
`[I]
`
`[:3
`
`Private arbitration scheduled for (date):
`Agreed to complete private arbitration by (date):
`
`Private arbitration completed on (date):
`
`I:|
`
`ADR session not yet scheduled
`
`[:1
`
`ADR session scheduled for (date):
`
`El
`
`Agreed to complete ADR session by (date):
`
`1:] ADR completed on (date):
`
`cum-110 [Rev. July 1, 20111
`
`CASE MANAGEMENT STATEMENT
`
`Page a of 5
`
`LexisNexis® Automated California Judicial Council Farms
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`

`

`PLAINTIFF/PETlTlONER: Union Investment Real Estate GmbH, a German
`
`DEFENDANT/RESPONDENT: Turner Construction Company, aNew York
`
`11. insurance
`
`a. l:l Insurance carrier, if any, for party filing this statement (name):
`b. Reservation of rights:
`[:3 Yes E: No
`c. E: Coverage issues will significantly affect resolution of this case (explain):
`
`CASE NUMBER:
`
`CGC—l7-56l439
`
`12. Jurisdiction
`
`Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
`:3 Bankruptcy l:l Other (specify):
`Status:
`
`13. Related cases, consolidation, and coordination
`a. [:i There are companion, underlying, or related cases.
`(1) Name of case:
`(2) Name of court:
`(3) Case number:
`(4) Status:
`
`[:3 Additional cases are described in Attachment 13a.
`
`b. I:] A motion to
`
`[:I consolidate
`
`[:1 coordinate
`
`will be filed by (name party):
`
`14. Bifurcation
`
`
`l: 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
`
`[:3 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
`
`16. Discovery
`a. |:l The party or parties have completed all discovery.
`b.
`The following discovery will be completed by the date specified (describe all anticipated discovery):
`Berti
`Description
`Plaintiff
`Written Discovery
`Plaintiff
`Depositions
`Plaintiff
`Subpoenas
`Plaintiff
`Expert Discovery
`
`931?.
`Per Code
`Per Code
`Per Code
`Per Code
`
`c, [:l The following discovery issues, including issues regarding the discovery of electronically stored information, are
`anticipated (specify):
`
`
`
`CM-“OIRBV- NM 2011]
`
`CASE MANAGEMENT STATEMENT
`
`ream”
`LexisNexis® Automated California Judicial Council Forms
`
`

`

` I l li
`
`CM~11O
`
`PLAlNTlFF/PETlTIONER: Union Investment Real Estate GmbH, a German
`CASE NUMBER
`
`DEFENDANT/RESPONDENT: Turner Construction Company, a New York CGC"17“561439
`
`17. Economic litigation
`a. l:] 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. l:| 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):
`The parties have been working with Mediator, Robert Bellagamba,
`protracted litigation. Significant progress has been made.
`
`to resolve this matter short of
`
`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 meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
`(specify):
`Plaintiff requests that this Case Management Conference be continued ninety (60) calendar days and
`that entry of default as to any served parties be continued for sixty (30) calendar days to accommodate
`settlement negotiations.
`
`20. Total number of pages attached (if any):
`
`I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
`as well as otherissues 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
`
`I I , 2018
`
`
`Jan A. Gruen
`(TYPE OR PRINT NAME)
`
`‘TORNEW
`
`
`
`
`
` ., “'I/j
`
`(TYPE OR PRINT NAME)
`
`(SIGNATURE or PARTY OR A‘TORNEY)
`
`|:l Additional signatures are attached.
`
`
`
`CM—110lRev. Julyt, 2011]
`
`CASE MANAGEMENT STATEMENT
`
`Page5°f5
`LexisNexis® Automated California Judicial Council Forms
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`

`

`PROOF OF SERVICE
`
`1
`
`2
`
`3
`4
`
`5
`
`6
`
`Case Name: Union Investment Real Estate GmbH, v. Turner Construction Company
`Case No:
`CGC—17—561439
`
`I am employed in the County of Contra Costa, State of California. My business address is
`800 S. Broadway, Suite 200, Walnut Creek, California 94596. I am over the age of eighteen
`years, and not a party to the within action
`
`On August 20, 2018, I caused to be served the within:
`
`Plaintiffs Case Management Statement
`
`7
`
`on the party(ies) listed below, addressed as follows:
`
`J. Kevin Moore
`8
`Renee Welze Livingston, Esq.
`9 Bold, Polisner, Maddow, Nelson & Judson
`Livingston Law Firm
`2125 Oak Grove Road, Suite 210
`1600 S. Main Street, #280
`10 Walnut Creek, California 94598
`Walnut Creek, CA 94596
`
`for Defendant/Cross—Complainant,
`Attorneys
`11 Attorneys For Turner Construction Company
`
`Benson Industries, Inc.
`
`By Mail/Ordinary Business Practices |C.C.P. §§ 1013, 1013al. By causing a true copy
`thereof to be enclosed in a sealed envelope or package, addressed to the party[ies] as stated on
`the attached service list.
`I am readily familiar with the firm's business practice for collection
`and processing of envelopes and packages for mailing with the United States Postal Service.
`Under the firm's practice, mail is deposited in the ordinary course of business with the United
`States Postal Service at Walnut Creek, California, that same day, with postage thereon fully
`prepaid.
`I am aware that upon motion of the party served, service is presumed invalid if postal
`cancellation date or postage meter date on the envelope or package is more than one day after
`the date of deposit for mailing.
`
`By:
`
`
`,6
`1;“
`Sharon Piserchio
`
`12
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`13
`
`14
`
`15
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`1 6
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`17
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`19
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`20
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`21
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`22
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`23
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`24
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`25
`
`26
`
`27
`
`28
`
`HORNER LAW GROUP, RC.
`300 s. umdmy, Suite 100
`Walnut Creek, California 94596
`
`
`_ 1 _
`
`PROOF OF SERVICE
`
`