ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
`JOHN H. PODESTA (154706) LUANNE RUTHERFORD (153336)
`WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP
`655 Montgomery Street, Suite 900
`San Francisco, CA 94111
`FAX NO. (Optional): (415) 434-1370
`TELEPHONE NO.: (415) 433-0990
`E-MAIL ADDRESS (Optional): john.podesta@WilsonElser.com
`ATTORNEY FOR (Name): PULLMAN SST, INC.
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
`STREET ADDRESS: 400 McAllister Street
`MAILING ADDRESS: 400 McAllister Street
`CITY AND ZIP CODE: San Francisco, CA 94102
`BRANCH NAME: Civic Center Courthouse
`PLAINTIFF/PETITIONER: 1868 Van Ness Owners Association
`
`DEFENDANT/RESPONDENT: WVN ASSO. LLC, et al
`
`
`
`CM-110
`
`FOR COURT USE ONLY
`
`ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`03/05/2024
`Clerk of the Court
`BY: JEFFREY FLORES
`Deputy Clerk
`
`(Check one):
`
`CASE MANAGEMENT STATEMENT
`
`LIMITED CASE
` UNLIMITED CASE
`(Amount demanded
`(Amount demanded is $25,000
`or less)
`exceeds $25,000)
`
`CASE NUMBER:
`CGC-22-601604
`
`A CASE MANAGEMENT CONFERENCE is scheduled as follows:
`Date: March 20, 2024
`Time: 10:30 am
`Dept.: 610
`Address of court (if different from the address above):
`
`Div.:
`
`Room:
`
` Notice of Intent to Appear by Telephone, by (name): John Podesta or Luanne Rutherford
`
`INSTRUCTIONS: All 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): PULLMAN SST, INC.
`a.
` This statement is submitted jointly by parties (names):
`b.
`
`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)
` All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
`a.
` The following parties named in the complaint or cross-complaint
`b.
` have not been served (specify names and explain why not):
`(1)
`
`(2)
`
`(3)
`
` have been served but have not appeared and have not been dismissed (specify names):
`
` 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
`The Cross-complaint of WVN Asso. LLC and Mountain Bay Construction, Inc. against West Cork Welding Inc.'s
`causes of action are for Implied Contractual Indemnity, Equitable Indemnity, Breach of Contract, and Negligence.
`
`Form Adopted for Mandatory Use
`Judicial Council of California
`CM-110 [Rev. July 1, 2011]
`
`
`
`CASE MANAGEMENT STATEMENT
`
`Page 1 of 5
`Cal. Rules of Court,
`rules 3.720–3.730
`www.courts.ca.gov
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`
`

`

`
`
`PLAINTIFF/PETITIONER: 1868 Van Ness Owners Association
`
`DEFENDANT/RESPONDENT: WVN ASSO. LLC, et al.
`
`CASE NUMBER:
`CGC-22-601604
`
`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.)
` Plaintiff asserts claims for construction defects. The defense denies the claims. Discovery is proceeding.
`
`CM-110
`
`
`
`(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 jury triaI
`
` a nonjury trial.
`
`(If more than one party, provide the name of each party
`
`6. Trial date
` The trial has been set for (date):
`a.
` 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
`b.
`not, explain):
`
`c. 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): 4-5 days
`a.
` hours (short causes) (specify):
`b.
`
`8. Trial representation (to be answered for each party)
` by the attorney or party listed in the caption
`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)
`
`f. Fax number:
`g. Party represented:
`
` by the following:
`
`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 not
` has
`(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
`
` has not reviewed the ADR information package identified in rule 3.221.
` has
`(2) For self-represented parties: Party
`b. Referral to judicial arbitration or civil action mediation (if available).
` This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
`(1)
`mediation under Code 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)
`
` 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):
`Amount in controversy exceeds $50,000
`CM-110 [Rev. July 1, 2011]
`CASE MANAGEMENT STATEMENT
`
`
`Page 2 of 5
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`

`

`
`
`PLAINTIFF/PETITIONER: 1868 Van Ness Owners Association
`
`DEFENDANT/RESPONDENT: WVN ASSO. LLC, et al.
`
`CASE NUMBER:
`CGC-22-601604
`
`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):
`
`
`
`(1) Mediation
`
`(2) Settlement
`conference
`
`(3) Neutral evaluation
`
`(4) Nonbinding judicial
`arbitration
`
`(5) Binding private
`arbitration
`
`(6) Other (specify):
`
`
`CM-110 [Rev. July 1, 2011]
`
`
`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
`
` 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):
`
`CASE MANAGEMENT STATEMENT
`
`Page 3 of 5
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`

`

`
`
`PLAINTIFF/PETITIONER: 1868 Van Ness Owners Association
`DEFENDANT/RESPONDENT: WVN ASSO. LLC, et al.
`
`CASE NUMBER:
`CGC-22-601604
`
`CM-110
`
`11. Insurance
`
`Insurance carrier, if any, for party filing this statement (name):
`a.
` Yes
` No
`b. Reservation of rights:
` Coverage issues will significantly affect resolution of this case (explain):
`c.
`
`
`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
` There are companion, underlying, or related cases.
`a.
`(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
` The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
`
`
`16. Discovery
` The party or parties have completed all discovery.
`a.
` The following discovery will be completed by the date specified (describe all anticipated discovery):
`b
`Party
`Description
`Cross-Defendant, PULLMAN SST, INC.
`Written Discovery
`Cross-Defendant, PULLMAN SST, INC.
`Percipient Deposition
`Cross-Defendant, PULLMAN SST, INC.
`Expert Discovery
`
`
`
`
`
`Date
`Pending
`Pending
`Per Code
`
`
`
`c.
`
` The following discovery issues, including issues regarding the discovery of electronically stored information, are
`anticipated (specify):
`
`
`CM-110 [Rev. July 1, 2011]
`
`
`CASE MANAGEMENT STATEMENT
`
`Page 4 of 5
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`

`

`
`
`PLAINTIFF/PETITIONER: 1868 Van Ness Owners Association
`
`DEFENDANT/RESPONDENT: WVN ASSO. LLC, et al.
`
`CASE NUMBER:
`CGC-22-601604
`
`CM-110
`
`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.
`
`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
` The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of
`a.
`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):
`
`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.
`
`Date: March 5, 2024
`
`John H. Podesta/Luanne Rutherford
`(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. July 1, 2011]
`
`
`CASE MANAGEMENT STATEMENT
`
`Page 5 of 5
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`

`

`
`
`
`
`
`
`PROOF OF SERVICE
`1868 VAN NESS OWNER v. WVN ASSO. LLC.
`San Francisco County Superior Court Case No.: CGC-22-601604
`
`STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
`
`[]
`
`[]
`
`I am employed in the County of San Francisco, State of California. I am over the age of
`18 and not a party to this action. My business address is 655 Montgomery Street, Suite 900, San
`Francisco, CA 94111. My electronic service address is jessica.perry@wilsonelser.com.
`
`On March 5, 2024, I caused the foregoing document, entitled
`
`CASE MANAGEMENT STATEMENT
`
`to be served on the person(s) identified in the attached Service List, at their respective [residential
`/ business / electronic service] address(es), by the below-indicated means:
`
`(BY U.S. MAIL) I enclosed [] a true copy [] the original(s) documents in a sealed
`envelope or package addressed to the persons at the addresses in the attached Service List
`and (specify one):
`Deposited the sealed envelope with the United States Postal Service, with the postage fully
`prepaid.
`Placed the envelope for collection and mailing, following our ordinary
`
`[]
`business practices. I am readily familiar with this business’s practice for collecting and
`processing correspondence for mailing. On the same day that correspondence is placed
`for collection and mailing, it is deposited in the ordinary course of business with the
`United States Postal Service, in a sealed envelope with postage fully prepaid.
`I am a resident or employed in the county where the mailing occurred. The envelope or
`package was placed in the mail at Los Angeles, California.
`(BY ELECTRONIC SERVICE) I electronically served the foregoing document in PDF
`format on behalf of PULLMAN SST, INC.
`(BY FACSIMILE) Based on an agreement of the parties to accept service by fax
`transmission, I faxed the documents to the persons at the fax numbers listed in the attached
`Service List. No error was reported by the fax machine that I used. A copy of the record
`of the fax transmission, which I printed out, is attached.
`
`[X]
`
` []
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`I declare under penalty of perjury under the laws of the State of California that the above
`is true and correct.
`
`
`Executed on March 5, 2024, at San Francisco, California.
`
`
`
`
`Jessica L. Perry
`
`
`
`
`
`
`
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`3
`CASE MANAGEMENT STATEMENT
`
`

`

`SERVICE LIST
`
`
`John J. Stander, Esq.
`FENTON GRANT MAYFIELD KANEDA
`& LITT, LLP
`1255 Treat Blvd., Suite 805
`Walnut Creek, CA 94597
`Phone: (925) 357-3135
`Fax: (925) 705-4743
`jstander@fentongrant.com
`
`Attorney for Plaintiff 1868 Van Ness Owners
`Association.
`
`
`Jeffrey H. Lowenthal
`Kevin F. Rooney
`Matthew W. Delbridge
`Michael Terry
`STEYER LOWENTHAL BOODROOKAS
`ALVAREZ & SMITH LLP
`235 Pine Street, 15th Floor
`San Francisco, California 94104
`Telephone: (415) 421-3400
`Facsimile: (415) 421-2234
`
`jlowenthal@steyerlaw.com
`krooney@steyerlaw.com
`mdelbridge@steyerlaw.com
`mterry@steyerlaw.com
`
`Attorneys for Defendants and Cross-
`Complainants
`WVN Asso. LLC; Mountain Bay
`Construction, Inc.
`
`
`David L. Brault, Esq.
`LAW OFFICES OF DAVID L. BRAULT
`6B Liberty, Suite 240
`Aliso Viejo, CA 92656
`Tel: (949) 458-3560
`dlbrault@dlblaw.net
`
`Attorneys for Cross-Defendant CELLCRETE
`CORPORATION, INC.
`
`
`
`
`
`
`Barron L. Weinstein
`WEINSTEIN & NUMBERS, LLP
`115 Ward St.
`Larkspur, CA 94939
`Telephone: (415) 927-6920
`Facsimile: (415) 927-6929
`
`bweinstein@mwncov.com
`
`Attorneys for Defendants and Cross-
`Complainants
`WVN Asso. LLC; Mountain Bay
`Construction, Inc.
`
`Colette F. Stone, Esq.
`Marissa N. Acree, Esq.
`Allison Wick
`STONE & ASSOCIATES, APC
`2125 Ygnacio Valley Road, Suite 101
`Walnut Creek, CA 94598
`Tel.: (925) 938-1555, Ext. 120
`macree@stonelawoffice.com
`AWick@stonelawoffice.com
`Celina Pernell (legal assistant)
`cpernell@stonelawoffice.com
`
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`CASE MANAGEMENT STATEMENT
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`

`Attorneys for Cross-Defendant CORTEZ
`CUSTOM HEATING AND AIR
`
`
`Brandt Louis Wolkin, Esq.
`Catharine M. Tolson, Esq.
`WOLKIN CURRAN, LLP COMPANY
`111 Maiden Lane, Sixth Floor
`San Francisco, CA 94108
`Tel: 415/982-9390
`Fax: 415/982-4328
`bwolkin@wolkincurran.com
`ctolson@wolkincurran.com
`
`Attorneys for Cross-Defendant
`HOUSTON CASUALTY COMPANY
`
`Colin C. Munro, Esq.
`CARLSON, CALLADINE & PETERSON,
`LLP
`1 Post St., Suite 500
`San Francisco, CA 94104
`Tel.: 415 901 0967 (direct)
`cmunro@ccplaw.com
`Shari Hiibel: shiibel@ccplaw.com
`Juliette Madrid: jmadrid@ccplaw.com
`Matthew Sepuya: msepuya@ccplaw.com
`(secretary)
`
`
`Kent Tierney, Esq.
`TIERNEY LAW GROUP, P.C.
`5700 Stoneridge Mall Road, Suite 390
`Pleasanton, CA 94588
`Tel: (925) 362-3364
`Fax: (888) 535-7199
`Email: kent@tierneylawgrp.com
`Hamaseh Sorooshian
`Hamaseh@tierneylawgrp.com
`Jeremiah Froehling
`jeremiah@tierneylawgrp.com
`Julie Arzonetti
`julie@tierneylawgrp.com
`info@tierneylawgrp.com
`
`Attorneys for Cross-Defendant
`POWER CONSTRUCTION, INC.
`
`Steven H. Cross, Esq.
`LAW OFFICE OF STEVEN H. CROSS
`1555 Botelho Dr., Ste. 149
`Walnut Creek, CA 94596
`Tel.: (925) 263-6687
`steven@scrosslaw.com
`
`
`Attorneys for Cross-Defendant
`F.S.A.C., INC.
`
`
`Julie D. McElroy, Esq.
`Laura K. Buttrell, Esq.
`JACOBSEN & McELROY PC
`2401 American River Drive, Suite 100
`Sacramento, CA 95825
`Tel.: (916) 971-4100
`Fax: (916) 971-4150
`ESERVICE@jacobsenmcelroy.com
`jmcelroy@jacobsenmcelroy.com
`lbuttrell@jacobsenmcelroy.com
`
`Attorneys for Cross-Defendant
`LYNN SAFETY, INC. (erroneously sued
`herein as “LYNN SAFETY”)
`
`Timothy B. (Tim) McCormick, Esq.
`Law Offices of SCHNEIDER, HOLTZ &
`HUTCHISON
`333 University Avenue, Suite 210
`Sacramento, CA 95825
`Tel: (916) 301-3639 (direct)
`Tel: (916) 921-9353 (main)
`Email: mccort2@nationwide.com
`barec2@nationwide.com
`(Carla Bare, Paralegal)
`TDSACNEW@Nationwide.com
`(eService address)
`
`Attorneys for Cross-Defendant
`P.I. ELECTRIC, INC.
`
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`Lawrence S. Zucker, II, Esq.
`Phillip S. Hwang, Esq.
`HAIGHT BROWN & BONESTEEL LLP
`555 South Flower Street, Forty-Fifth Floor
`Los Angeles, California 90071
`Tel.: 213.542.8000
`Fax: 213.542.8100
`Email: lzucker@hbblaw.com
`phwang@hbblaw.com
`
`Attorneys for Defendant SILICON VALLEY
`IRON WORK, INC
`
`
`
`
`
`Kent Tierney, Esq.
`TIERNEY LAW GROUP, P.C.
`5700 Stoneridge Mall Road, Suite 390
`Pleasanton, CA 94588
`Tel: (925) 362-3364
`Fax: (888) 535-7199
`Email: info@tierneylawgrp.com
`
`Attorneys for Cross-Defendant
`WEST CORK WELDING, INC.
`
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