ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
`Peter V. Dessau, Esq. SBN: 135361 | Rosanna E. Fristed, Esq. SBN: 257751
`Miller Morton Caillat & Nevis, LLP
`2001 Gateway Place, Suite 220W
`San Jose, CA 95110
`(408) 436-8272
`(408) 292-1765
`TELEPHONE NO.:
`FAX NO. (Optional):
`pvd@millermorton.com; ref@millermorton.com
`E-MAIL ADDRESS:
`MHYF Holdings, LLC, Matthew Humphrey and Ying Fu , Plaintiffs
` ATTORNEY FOR (Name):
`SAN FRANCISCO
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF
`400 McAllister Street
`STREET ADDRESS:
`MAILING ADDRESS:
`San Francisco, CA 94102-4515
`CITY AND ZIP CODE:
`Civic Center Courthouse
`BRANCH NAME:
`MHYF Holdings, LLC, , et al.
` PLAINTIFF/PETITIONER:
` DEFENDANT/RESPONDENT:
`Chris V. Kelly, et al.
`CASE MANAGEMENT STATEMENT
`LIMITED CASE
`UNLIMITED CASE
`(Amount demanded is $25,000
`(Amount demanded
`or less)
`exceeds $25,000)
`
`(Check one):
`
`X
`
`CM-110
`
`FOR COURT USE ONLY
`
`ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`04/12/2022
`Clerk of the Court
`BY: VERA MU
`Deputy Clerk
`
`CASE NUMBER:
`
`CGC-21-596771
`
`A CASE MANAGEMENT CONFERENCE is scheduled as follows:
`April 27, 2022
`10:30 a.m.
`610
`Date:
`Time:
`Dept.:
`Address of court (if different from the address above):
`
`Div.:
`
`Room:
`
`X
`
`Notice of Intent to Appear by Telephone, by (name):
`Rosanna E. Fristed, Esq.
`INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
`1. Party or parties (answer one):
`MHYF Holdings, LLC, Matthew Humphrey and Ying Fu
`a.
`This statement is submitted by party (name):
`X
`This statement is submitted jointly by parties (names):
`b.
`2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
`November 22, 2021
`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.
`b.
`The following parties named in the complaint or cross-complaint
`(1)
`have not been served
` (specify names and explain why not):
`
`X
`
`(2)
`
`(3)
`
`X
`
`have been served but have not appeared and have not been dismissed
` (specify names):
`CornerstoneHD Construction, Inc., and Infinium Air, Inc.
`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
`a. Type of case in
` (Describe, including causes of action):
`
`X
`COMPLAINT FOR 1) NEGLIGENT MISREPRESENTATION; 2) FRAUD; 3) CONCEALMENT; 4) NON-DISCLOSURE
`(STATUTORY AND COMMON LAW); 5) BREACH OF CONTRACT; 6) NEGLIGENCE; AND 7) NEGLIGENCE.
`
`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
`LexisNexis® Automated California Judicial Council Forms
`
`
`

`

` PLAINTIFF/PETITIONER:
` DEFENDANT/RESPONDENT:
`
`MHYF Holdings, LLC, , et al.
`CASE NUMBER:
`CGC-21-596771
`Chris V. Kelly, 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.)
`
`CM-110
`
`(If more space is needed, check this box and attach a page designated as Attachment 4b.)
`5. Jury or nonjury trial
`a nonjury trial.
`a jury triaI
`The party or parties request
` (If more than one party, provide the name of each party
`X
`requesting a jury trial):
`
`6. Trial date
`a.
`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
`b.
`not, explain):
`See attachment.
`
`X
`
`(if
`
`c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
`
`by the attorney or party listed in the caption
`
`by the following:
`
`f. Fax number:
`g. Party represented:
`
`provided the ADR information package identified
`
`7. Estimated length of trial
`The party or parties estimate that the trial will take (check one):
`25 Days
`a.
`days (specify number):
`X
`b.
`hours (short causes) (specify):
`8. Trial representation (to be answered for each party)
`The party or parties will be represented at trial
`X
`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.
`(1) For parties represented by counsel: Counsel
`has
`has not
`X
`in rule 3.221 to the client and reviewed ADR options with the client.
`has
`(2) For self-represented parties: Party
`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 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
`mediation under Code of Civil Procedure section 1775 et seq.
` (specify exemption):
`
`(2)
`
`(3)
`
`CM-110 [Rev. September 1, 2021]
`
`CASE MANAGEMENT STATEMENT
`
`Page 2 of 5
`
`LexisNexis® Automated California Judicial Council Forms
`
`

`

` PLAINTIFF/PETITIONER:
` DEFENDANT/RESPONDENT:
`
`10. c.
`
`MHYF Holdings, LLC, , et al.
`Chris V. Kelly, et al.
`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):
`
`CASE NUMBER:
`CGC-21-596771
`
`CM-110
`
`The party or parties completing
`this form are willing to
`participate in the following ADR
`processes (check all that apply):
`
`X
`
`X
`
`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
`Mediation session scheduled for (date):
`Agreed to complete mediation by (date):
`Mediation completed on (date):
`
`X
`
`X
`
`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):
`
` (1) Mediation
`
` (2) Settlement
` conference
`
`(3) Neutral evaluation
`
`(4) Nonbinding judicial
` arbitration
`
` (5) Binding private
` arbitration
`
` (6) Other (specify):
`
`CM-110 [Rev. September 1, 2021]
`
`CASE MANAGEMENT STATEMENT
`
`Page 3 of 5
`
`LexisNexis® Automated California Judicial Council Forms
`
`

`

` PLAINTIFF/PETITIONER:
` DEFENDANT/RESPONDENT:
`
`MHYF Holdings, LLC, , et al.
`Chris V. Kelly, et al.
`
`CM-110
`
`CASE NUMBER:
`CGC-21-596771
`
`11. Insurance
`a.
`Insurance carrier, if any, for party filing this statement (name):
`b. Reservation of rights:
`Yes
`No
`Coverage issues will significantly affect resolution of this case (explain):
`c.
`X
`The construction defects will trigger insurance defense; the coverages of the specific trade
`contractors will impact settlement.
`12. Jurisdiction
`Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
`Bankruptcy
`Other (specify):
`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.
`
`coordinate
`consolidate
`A motion to
` 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
`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.
`The following discovery will be completed by the date specified (describe all anticipated discovery):
`Party
`Description
`Pursuant to CMO/PTO once agreed
`
`X
`
`Date
`
`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
`
`LexisNexis® Automated California Judicial Council Forms
`
`

`

` PLAINTIFF/PETITIONER:
` DEFENDANT/RESPONDENT:
`
`MHYF Holdings, LLC, , et al.
`Chris V. Kelly, et al.
`
`CASE NUMBER:
`CGC-21-596771
`
`17. Economic litigation
`a.
`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
`discovery will be filed
` (if checked, explain specifically why economic litigation procedures relating to discovery or trial
`should not apply to this case):
`
`b.
`
`CM-110
`
`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
`X
`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):
`
`4
`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 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.
`April 12, 2022
`Peter V. Dessau, Esq.
`(TYPE OR PRINT NAME)
`
`(SIGNATURE OF PARTY OR ATTORNEY)
`
`Date:
`
`(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
`
`LexisNexis® Automated California Judicial Council Forms
`
`

`

`6.b. ATTACHMENT
`This matter involves multiple construction defects that will be litigated both in a tort and contract
`context depending upon the effected party. Given that the matter was filed in November 2021
`and the matter is still not at issue, it is anticipated that the matter will be ready for trial in late
`2023.
`
`

`

`
`
`
`
`PROOF OF SERVICE
`STATE OF CALIFORNIA, COUNTY OF SANTA CLARA
`
`
`I, the undersigned, declare: I am now and at all times herein mentioned have been over
`the age of eighteen years, a citizen of the United States, employed in Santa Clara County,
`California, and not a party to the within action or cause; my business address is 2001 Gateway
`Place, Suite 220W, San Jose, California 95110. On the date set forth below, I served the below-
`stated person(s) the attached
`
`CASE MANAGEMENT STATEMENT
`
` BY MAIL on the following party(ies) in said action, in accordance with CCP §1013a, by
`placing a true copy thereof enclosed in a sealed envelope addressed as shown below. I
`caused such envelope(s) with postage thereon fully prepaid to be placed in the United States
`mail at San Jose, California. I am readily familiar with the firm's practice of collection and
`processing correspondence for mailing. It is deposited with the U.S. Postal Service on the
`same day in the ordinary course of business. I am aware that on motion of party served,
`service is presumed invalid if postal cancellation date or postage meter date is more than one
`day after date of deposit for mailing in affidavit.
`
` BY ELECTRONIC SERVICE The undersigned electronically served the above
`referenced document(s) on all parties listed on the attached service list at the e-mail address
`indicated.
`
`(STATE) I declare under penalty of perjury under the laws of the State of California that the
`foregoing is true and correct.
`
`
`SEE ATTACHED SERVICE LIST
`
`Executed on April 12, 2022, at San Jose, California.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PROOF OF SERVICE
`
`
`Monica H. Rocha
`
`
`
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`
`MILLER, MORTON, CAILLAT & NEVIS, LLP
`
`2001 Gateway Place, Suite 220W
`
`Telephone: (408) 292-1765
`
`San Jose, CA 95110
`
`

`

`
`
`
`
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`
`SERVICE LIST
`
`Sarah Marsey, Esq.
`Holland & Knight LLP
`50 California Street, Ste. 2800
`San Francisco, CA 94111
`
`
`Catherine L. Deter, Esq.
`David J. Libertella, Esq.
`Wood, Smith, Henning & Berman LLP
`6A Liberty Street, Suite 200
`Aliso Viejo, CA 92656
`
`
`Benjamin D . Koegel, Esq.
`W. Patrick Cronican, Esq.
`Elguindy, Meyer & Koegel, APC
`2990 Lava Ridge Court, Suite 205
`Roseville, CA 95661
`
`
`Ryan P. Harley, Esq.
`Taylor J. Pohle, Esq.
`Collins + Collins LLP
`2175 N. California Blvd., Suite 835
`Walnut Creek, CA 94596
`
`Attorney(s) for Defendants Chris V. Kelly and
`Lara G. Kelly
`
`Telephone (415) 743-6947
`
`Email: sarah.marsey@hklaw.com
`
`Attorneys for Defendant PH Architects
`
`Telephone (949) 757-4514
`Cell Phone (949) 379-0044
`
`Email: CDeter@wshblaw.com
`
` dlibertella@wshblaw.com
`
`Attorneys for Defendant Cal-C.A.D.E.
`
`Telephone: (916)778-3310
`Facsimile: (916) 330-4433
`
`Email:
`
`
`
`
`bkoegel@emklawyers.com
`pcronican@emklawyers.com
`
`(510) 844-5100
`(510) 844-5101
`
` rharley@ccllp.law
` tpohle@ccllp.law
`
`Attorneys for Defendant Xie Associates, Inc.
`
`Telephone:
`Facsimile:
`Email:
`
`
`
`
`
`
`
`
`Assistant:
`
`
`
`
`Kelly Forst
`kforst@ccllp.law
`
`Robert P. Hamilton, Esq.
`Don Schaefer, Esq.
`Goodman Neuman Hamilton LLP
`One Post Street, Suite 2100
`San Francisco, California 94104
`
`
`Attorneys for Defendant
`Arch Plumbing Inc., a California corporation
`
`Telephone: (415) 705-0400
`Facsimile: (415) 705-0411
`
`Email rhamilton@gnhllp.com
`
` dschaefer@gnhllp.com
`
`
`
`
`PROOF OF SERVICE
`
`2
`
`MILLER, MORTON, CAILLAT & NEVIS, LLP
`
`2001 Gateway Place, Suite 220W
`
`Telephone: (408) 292-1765
`
`San Jose, CA 95110
`
`

`

`Jonathan M. Blute, Esq.
`Jackson Stogner, Esq.
`Murphy, Pearson, Bradley & Feeney, P.C.
`580 California Street
`Suite 1100
`San Francisco, CA 94104
`
`Attorney for Defendant Ramirez Roofing Corp.
`
`Main (415) 788-1900
`Direct: (415) 962-2808
`
`Email JBlute@MPBF.com
`
` JStogner@MPBF.com
`
`Assistant Brenda Renner
`BRenner@MPBF.com
`
`
`
`
`
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`PROOF OF SERVICE
`
`3
`
`MILLER, MORTON, CAILLAT & NEVIS, LLP
`
`2001 Gateway Place, Suite 220W
`
`Telephone: (408) 292-1765
`
`San Jose, CA 95110
`
`