ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
`Stephen B. Heath, 237622; Steven W. Yuen, 230768; Paul A. Vaillancourt, 223648
`Heath & Yuen, APC
`268 Bush Street, #3006, San Francisco, CA 94104
`
`TELEPHONE NO.:
`
`E-MAIL ADDRESS:
`
`(415) 373-3957
`(415) 622-7006
`FAX NO. (Optional):
`sheath/syuen/pvaillancourt@heathandyuen.com
`Cross-Defendant NAHIDI CORPORATION dba KAISER GLASS
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF
`SAN FRANCISCO
`400 McAllister Street
`STREET ADDRESS:
`
` ATTORNEY FOR (Name):
`
`MAILING ADDRESS:
`
`CITY AND ZIP CODE:
`
`San Francisco, CA 94102
`
`BRANCH NAME:
`
`CM-110
`
`FOR COURT USE ONLY
`
`ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`06/12/2023
`Clerk of the Court
`BY: VERA MU
`Deputy Clerk
`
` PLAINTIFF/PETITIONER:
`
`121 9th Street/788 Minna Street Owner's Association
`
` DEFENDANT/RESPONDENT:
`
`121 Ninth, LLC, et al.
`
`(Check one):
`
`CASE MANAGEMENT STATEMENT
`LIMITED CASE
`UNLIMITED CASE
`(Amount demanded is $25,000
`(Amount demanded
`or less)
`exceeds $25,000)
`
`CASE NUMBER:
`CGC-21-592568
`
`A CASE MANAGEMENT CONFERENCE is scheduled as follows:
`Date:
`Time:
`Dept.:
`July 12, 2023
`10:30 a.m.
`
`610
`
`Address of court (if different from the address above):
`
`Div.:
`
`Room:
`
`Notice of Intent to Appear by Telephone, by (name):
`
`Paul A. Vaillancourt
`
`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):
`b.
`This statement is submitted jointly by parties (names):
`Cross-defendants NAHIDI CORPORATION dba KAISER GLASS
`2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
`
`a. The complaint was filed on (date):
`
`The cross-complaint, if any, was filed on (date):
`b.
`3. Service (to be answered by plaintiffs and cross-complainants only)
`a.
`All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
`The following parties named in the complaint or cross-complaint
`b.
`
`(1)
`
`(2)
`
`(3)
`
`have not been served
` (specify names and explain why not):
`
` (specify names):
`have been served but have not appeared and have not been dismissed
`
`have had a default entered against them
` (specify names):
`
`c.
`
`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
`cross-complaint
`complaint
` (Describe, including causes of action):
`
`
`
`a. Type of case in
` Five causes of action in Cross-Complaint: Comparative Indemnity, Equitable Indemnity, Breach of Contract, Implied
`Contractual Indemnity and Declaratory Relief.
`
`Form Adopted for Mandatory Use
`Judicial Council of California
`CM-110 [Rev. September 1, 2021]
`
`CASE MANAGEMENT STATEMENT
`
`Page 1 of 5
`
`Cal. Rules of Court,
`rules 3.720–3.730
`www.courts.ca.gov
`
`
`

`

` PLAINTIFF/PETITIONER:
`
`121 9th Street/788 Minna Street Owner's Association
`
` DEFENDANT/RESPONDENT:
`
`121 Ninth, LLC, et al.
`
`CASE NUMBER:
`CGC-21-592568
`
`CM-110
`
`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.)
`This construction defect lawsuit stems from the original construction of the multi-unit mixed-use residential and commercial
`property located at 788 Minna Street/191 9th Street, San Francisco, CA. The original developer, 121 Ninth, LLC, hired Rohan,
`Wallace and Aherne, Inc. as the general contractor, who hired Kaiser Glass for certain glass work. Kaiser Glass denies all
`material allegations in the operative complaint and cross-complaint.
`(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):
`
`a nonjury trial.
` (If more than one party, provide the name of each party
`
`a jury triaI
`
`
`6. Trial date
`a.
`b.
`
`The trial has been set for (date):
`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
`not, explain):
`
`(if
`
`c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
`see attached trial table.
`
`7. Estimated length of trial
`The party or parties estimate that the trial will take (check one):
`a.
`days (specify number):
`7-10
`b.
`hours (short causes) (specify):
`
`by the attorney or party listed in the caption
`
`by the following:
`
`8. Trial representation (to be answered for each party)
`The party or parties will be represented at trial
`a. Attorney:
`b. Firm:
`c. Address:
`d. Telephone number:
`e. E-mail address:
`Additional representation is described in Attachment 8.
`9. 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 of the California Rules of Court for information about the
`processes available through the court and community programs in this case.
`
`f. Fax number:
`g. Party represented:
`
`provided the ADR information package identified
`
`(1) For parties represented by counsel: Counsel
`has not
`has
`in rule 3.221 to the client and reviewed ADR options with the client.
`has
`has not reviewed the ADR information package identified in rule 3.221.
`(2) For self-represented parties: Party
`b. Referral to judicial arbitration or civil action mediation (if available).
`(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.
`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.
`This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
` (specify exemption):
`mediation under Code of Civil Procedure section 1775 et seq.
`
`(2)
`
`(3)
`
`CM-110 [Rev. September 1, 2021]
`
`CASE MANAGEMENT STATEMENT
`
`Page 2 of 5
`
`

`

` PLAINTIFF/PETITIONER:
`
`121 9th Street/788 Minna Street Owner's Association
`
` DEFENDANT/RESPONDENT:
`
`121 Ninth, LLC, et al.
`
`CASE NUMBER:
`CGC-21-592568
`
`CM-110
`
`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
`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):
`
` (1) Mediation
`
` (2) Settlement
` conference
`
`(3) Neutral evaluation
`
`(4) Nonbinding judicial
` arbitration
`
` (5) Binding private
` arbitration
`
` (6) Other (specify):
`
`Mediation session not yet scheduled
`Mediation session scheduled for (date):
`
`Agreed to complete mediation by (date):
`
`Mediation completed on (date):
`
`Settlement conference not yet scheduled
`Settlement conference scheduled for (date):
`
`Agreed to complete settlement conference by (date):
`
`Settlement conference completed on (date):
`
`Neutral evaluation not yet scheduled
`Neutral evaluation scheduled for (date):
`
`Agreed to complete neutral evaluation by (date):
`
`Neutral evaluation completed on (date):
`
`Judicial arbitration not yet scheduled
`Judicial arbitration scheduled for (date):
`
`Agreed to complete judicial arbitration by (date):
`
`Judicial arbitration completed on (date):
`
`Private arbitration not yet scheduled
`Private arbitration scheduled for
`(date):
`
`Agreed to complete private arbitration by (date):
`
`Private arbitration completed on (date):
`
`ADR session not yet scheduled
`ADR session scheduled for (date):
`
`Agreed to complete ADR session by (date):
`
`ADR completed on (date):
`
`CM-110 [Rev. September 1, 2021]
`
`CASE MANAGEMENT STATEMENT
`
`Page 3 of 5
`
`

`

` PLAINTIFF/PETITIONER:
`
`121 9th Street/788 Minna Street Owner's Association
`
` DEFENDANT/RESPONDENT:
`
`121 Ninth, LLC, et al.
`
`CASE NUMBER:
`CGC-21-592568
`
`11. Insurance
`
`CM-110
`
`a.
`
`Greenwich Insurance Company
`
`Insurance carrier, if any, for party filing this statement (name):
`b. Reservation of rights:
`
`Yes
`
`No
`
`c.
`
`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.
`Other (specify):
`Bankruptcy
`Status:
`
`13. Related cases, consolidation, and coordination
`a.
`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.
`
`A motion to
`
`
`consolidate
`
`
`coordinate
`
`
` wiII 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
`
` (specify moving party, type of motion, and issues):
`The party or parties expect to file the following motions before trial
`All pre-trial motions and motions in limine are reserved.
`
`16. Discovery
`
`a.
`b.
`
`The party or parties have completed all discovery.
`The following discovery will be completed by the date specified (describe all anticipated discovery):
`
`Party
`
`All Parties
`All Parties
`All Parties
`
`Description
`
`Depositions
`Written discovery
`Expert discovery
`
`Date
`
`TBD
`TBD
`per CCP Code
`
`c.
`
`The following discovery issues, including issues regarding the discovery of electronically stored information, are
` (specify):
`anticipated
`
`CM-110 [Rev. September 1, 2021]
`
`CASE MANAGEMENT STATEMENT
`
`Page 4 of 5
`
`

`

` PLAINTIFF/PETITIONER:
`
`121 9th Street/788 Minna Street Owner's Association
`
` DEFENDANT/RESPONDENT:
`
`121 Ninth, LLC, et al.
`
`CASE NUMBER:
`CGC-21-592568
`
`CM-110
`
`17. Economic litigation
`
`a.
`
`b.
`
`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.
`
`This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
` (if checked, explain specifically why economic litigation procedures relating to discovery or trial
`discovery will be filed
`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.
`
`b.
`
`The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
` (if not, explain):
`of Court
`
`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):
`
`2
`
`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 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:
`
`June 12, 2023
`
`Paul A. Vaillancourt
`
`(TYPE OR PRINT NAME)
`
`(SIGNATURE OF PARTY OR ATTORNEY)
`
`(TYPE OR PRINT NAME)
`
`(SIGNATURE OF PARTY OR ATTORNEY)
`
`Additional signatures are attached.
`
`CM-110 [Rev. September 1, 2021]
`
`CASE MANAGEMENT STATEMENT
`
`Page 5 of 5
`
`

`

`6.c. - Dates of Unavailability
`
`Case Name
`Restoration Management v. Lee
`Meiner v. Sheehan
`Verke v. City of Petaluma
`Velasco v. Camacho
`Reyes vs. Jenaro Larreynaga Cruz
`Larsen v. Dark Knight Transport
`Lewis v. LH Concord
`Barcinas v. Kumar
`Kennedy v. Haley
`Washington v. Best Trucking
`Javaid v. A Place for Rover
`
`Trial Table
`Date
`6/8/2023
`7/10/2023
`7/28/2023
`8/7/2023
`8/21/2023
`9/8/2023
`9/11/2023
`10/9/2023
`10/18/2023
`10/23/2023
`11/3/2023
`
`Abdi v. Kal Freight
`Bravo v. Kakkar Transport
`Russell v. Hill Construction
`Johnson v. Singh
`Astudillo v. the Boss Trucking
`Gomez v. Fresh International
`Lopez v. Inns of California
`Carides v. SLC Construction
`Aguayo v. Flores,
`Chester v. Petersen Dean
`Cashion v. Westfield, LLC
`
`Gomez Morales v. Singh
`Sanders v. Singh
`Alvarado v. AJ Contractor Labor
`Qualitas Insurance v. Conde
`Costa v. Sandhu
`Offenberg v. Teichert Energy
`
`11/6/2023
`11/13/2023
`11/17/2023
`11/17/2023
`12/1/2023
`12/26/2023
`1/29/2024
`2/2/2024
`3/4/2024
`3/4/2024
`3/18/2024
`
`3/25/2024
`4/8/2024
`4/15/2024
`4/26/2024
`4/26/2024
`5/13/2024
`
`Venue
`San Francisco
`Los Angeles
`Sonoma
`Kern
`Madera
`San Diego
`Contra Costa
`San Benito
`Solano
`San Joaquin
`San Diego
`San
`Bernardino
`San Joaquin
`San Diego
`Alameda
`Alameda
`Los Angeles
`Monterey
`San Diego
`Monterey
`Fresno
`San Francisco
`San
`Bernardino
`Alameda
`Kern
`Los Angeles
`Solano
`Alameda
`
`

`

`Todden v. RAI Transportation
`Belveal v. Bodenhammer
`Brentwood School v. Del Amo
`Construction
`Chatwood v. Krishan
`Hensic v. John Mourier
`Construction
`Espino v. SAAB Logistics
`
`5/20/2024
`6/3/2024
`
`6/3/2024
`8/5/2024
`
`10/1/2024
`12/2/2024
`
`San Joaquin
`Butte
`
`Los Angeles
`San Joaquin
`
`Yuba
`San Joaquin
`
`

`

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`I, Annie Caserma, declare:
`
`CERTIFICATE OF SERVICE
`
`At the time of service I was over 18 years of age, and not a party to this action. My business
`
`mailing address is 268 Bush Street, #3006, San Francisco, California 94104.
`
`On June 12, 2023, I served the following document(s) on the parties in the within action:
`
`CROSS-DEFENDANT NAHIDI CORPORATION DBA KAISER GLASS’ CASE
`MANAGEMENT STATEMENT
`
`X
`
`BY ELECTRONIC SERVICE: Based on the court’s Local Rules ordering mandatory e-
`filing of all documents for this type of case, and California Rules of Court, Rule 2.251(c)(3),
`where a party or other person that is required to file documents electronically in an action must
`also serve documents and accept service of documents electronically from all other parties or
`persons, I transmitted the document(s) indirectly to the persons who have appeared in this
`matter
`and
`the
`service
`list
`listed
`through
`File
`&
`ServeXpress
`(http://www.fileandservexpress.com). I did not receive within a reasonable time after the
`transmission any electronic message or other indication the transmission was unsuccessful.
`
`Andrew M Baugh
`ERDING & WEIL LLP
`2175 N. California Blvd,
`Suite 500
`Walnut Creek, Ca 94596
`abaugh@berdingweil.com
`Attorneys for Plaintiff
`121 9TH STREET/788 MINNA STREET OWNERS’ ASSOCIATION
`
`Michael Charles Miller
`LAW OFFICES OF MICHAEL C. MILLER
`530 Oak Grove Ave.
`Ste 106
`Menlo Park, Ca 94025
`Collect1@earthlink.net
`Attorneys for Cross-Complainant,
`121 NINTH, LLC
`
`Paul N. Jacobs
`Debra A. Dodds
`JACOBS & DODDS
`2151 Michelson Drive
`Suite 168
`Irvine, Ca 92612
`paul@irvinebusinesslawyers.com
`debra@irvinebusinesslawyers.com
`Attorneys for Defendant/Cross-Defendant
`MACERRIS INCORPORATED
`
`- 1 -
`CERTIFICATE OF SERVICE
`
`

`

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`
`Kevin Patrick Cody
`ROPERS MAJESKI PC
`333 W. Santa Clara Street
`Suite 910
`San Jose, Ca 95113
`kevin.cody@ropers.com
`Attorneys for Cross-Defendant,
`BONELLI ENTERPRISES, LLC
`
`Gerald Michael Murphy
`LUBIN OLSON & NIEWIADOMSKI LLP
`600 Montgomery St
`14th Floor
`San Francisco, Ca 94111
`gmurphy@lubinolson.com
`Attorneys for Defendant/Cross-Complainant,
`O'DONOVAN PLUMBING, INC.
`
`Michael George Descalso
`LEWIS BRISBOIS BISGARD & SMITH LLP
`45 Fremont Street,
`Suite 3000
`San Francisco, Ca 94105-2256
`michael.descalso@lewisbrisbois.com
`Attorneys for Defendant/Cross-Defendant
`LIAM MOLONEY PAINTING, INC., A CALIFORNIA
`CORPORATION; LMP COATINGS, INC., A CALIFORNIA CORPORATION
`
`Mark Robert Murray
`Mark R. Murray,Esq.
`67 Rosewood Drive
`San Francisco, Ca 94127
`markRmurray@aol.com
`Attorneys for Defendant/Cross-Defendant,
` ROHAN WALLACE & AHERNE, INC.
`
`Lisa M. Cappelluti
`GORDON REES SCULLY MANSUKHANI, LLP
`275 Battery Street
`Suite 2000
`San Francisco, Ca 94111
`lcappelluti@grsm.com
`Attorneys for Cross-Defendant,
`BANCAL MANAGEMENT CORPORATION
`
`- 2 -
`CERTIFICATE OF SERVICE
`
`

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`
`Jennifer S. Willis
`HUGO PARKER LLP
`240 Stockton Street, 8th Floor
`San Francisco, Ca 94108
`willj86@nationwide.com
`
`I declare under penalty of perjury under the laws of the State of California the foregoing is a
`
`true and correct statement, and this certificate was executed on June 12, 2023.
`
`By
`
`Annie Caserma
`
`- 3 -
`CERTIFICATE OF SERVICE
`
`