Johnson Controls Security Solutions v. Tesla, Inc. Document 7: Statement: Case Management Conference

Superior Court of California, County of Santa Clara
Case No. 19CV359800
Filed May 20, 2020

Case Management Statement

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Page 1 19CVSanta Clara – Civil
System System
cM-lATTORNEY OR PARTY WTHOUT ATTORNFY (Name, State Bar number, and address):
Joseph G. McGuinness - SBN

FORCOURT USE ONLY

McGuinness & Associates
3858 Carson Street, Suite 301, Torrance, CA TELEeHoNE ruo.'
(310)
792-
FAX No. (opriorar:
(g1O) 792-OS2O
joe@mcg uin nesslawg roup. com
E-MA|L ADDRESS (optionat):
ArroRNEy FoR (Name,:
Plaintiff, Johnson Controls Fire protection Lp
supERroR couRT oF cALtFoRNtA, couNw oF SANTA CLARA
srREErADDRESS,
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 5/20/2020 3:33 PM
Reviewed By: System System
Case #19CVEnvelope:
191 North First Street
IVIAILING ADDRESS:
clrY
ANDZTP
coDr, San JOSe 951 DOWntOwn SUperiOr COUrt
BRANCH NArrE:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPoNDENT:
(Check
one): I
rI
Johnson Controls Security Solutions
Tesla, lnc., dba Tesla Motors, lnc., dba Solarcity Co.
CASE MANAGEMENT STATEMENT
CASE l-l
demanded
$25,000)
CASE NUMBER:
UrultUlTED
UUlreD CASE
(Amount
exceeds
(Amount demanded is $25,or less)
19CV
A CASE MANAGEMENT CONFERENCE is scheduted as follows:
Date:

Time:
10:00AM
Dept.:
Div
Room
Address of court (if different from the address above):
l7l
Notice of lntent to Appear by Telephone, by (name): Jeffrey S. Flashman
INSTRUCTIONS; All applicable boxes must be checked, and the specified information must be provided
1.
Party or parties (answer one):
a.
@
b.
2.
Complaint and cross-complaint (to be answered by ptaintiffs and cross-comptainants only)
a. The complaint was filed on (date): December 6,
b. E
3.
This statement is submitted by party (name): Plaintiff, Johnson Controls Security Solutions
This statement is submitted jointly by parties (names):
The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-comptainants onty)
a. E
b. 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
(1) E
have not been served (specify names and explain why not):
(2) E
have been served but have not appeared and have not been dismissed (specify names):
(3) A
have had a default entered against them (specify names):
Defendant Tesla (default pending)
c.
4.
The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Descriotion of case
a'
Type of case
in l-7_l complaint f]
cross-complaint
(Describe, including causes of action):
Breach of Written Contract; Breach of Oral Contract; Account Stated; euantum Meruit; and Unjust Enrichment.
Paoe 1 of
Fom Adopted tor Mandatory Use
Judicial Council ot Califomia
CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT
Cal. Rules of Court,
rul€s 3.720-3.
ww.coutts.ca.gov
Page 2 cM-lCASE NUMBER:
PLAINTIFF/PETITIONER: Johnson Controls Security Solutions
DEFENDANT/RESPONDENT:Tesla,
4.
lnc., dba Tesla Motors, lnc., dba Solarcity Co.

9CV
Provide a brief statement of the case, including any damages. (tf personat injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenseg /osf
earnings to date, and estimated future lost earnings. lf equitable relief is sought, describe the nature of the retief.j
b.
Defendant Tesla, lnc., dba Tesla Motors, lnc., dba Solarcity Company has not provided payment for several
private construction projects. Damages exceed $59,862.85.
f]
5.
(f more space is needed, check
Jury or nonjury trial
The party or parties request
requesting a jury trial):
6.
ajury
trial l-l
a nonjury
trial.
(tf more than one party, provide the name of each party
Trial date
f-l
lZ
a.
b.
c.
7.

box and attach a page designated as Aftachment 4b.)
this
rne trial has been set for (date):
ruo trial date has been set. This case will be ready for trial within 12 months of the date of the fiting of the complaint (rf
not, explain):
Datc' on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavaitabitity)
To file a Default Judgment.
Estimated length of trial
The party or parties estimate that the trial will lake (check one):
a. fZl Oays (specify numberl: 3-7 days
b. ll hours (short causes) (specity):
8.
Trial representation (to be answered for each pafty)
The party or parties will be represented at
a. Attorney:
b.
c.
d.
e.
f]
9.
trial l-l
Oy
the attorney or party listed in the caption
l-l
oy the fotlowing:
l-rrm:
Address:
Telephone number;
f. Fax number:
S. Party represented
E-mail address:
Additional representation is described in Attachment 8.
Preference
ff
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 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel l7l
has E
has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2)
b.
For self-represented parties: Party
l-l
fras
l-l
has
not reviewed
the ADR information package identified in rule 3.
Referral to judicial arbitration or civil action mediation (if available).
t-l Thismatterissubjecttomandatoryiudicial arbitrationunderCodeof Civil Proceduresection 1141.11ortocivil action
(1)
mediation under Code of Civil Proceidure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2)
(3)
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.
l./l
This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specrflu exemption):
Amount in controversy exceeds statutory limit.
CM-

'
[Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT
Page 2 of 5
Page 3 cM-l
_
PLAINTIFF/PETITIONER: Johnson Controls SecuritySolutions
)EFENDANT/RESPONDENT: Tesla, lnc., dba Tesla Motors, lnc., dba Solarcity Co.
CASE NUMBER:
9CV
10. c. lndicate 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):
A
E]
E
E
(1) Mediation
A
E
E:]
E
(2) Settlement
conference
(3) Neutral evaluation
(4)
Nonbinding judicial
arbitration
(5) Binding private
arbitration
(6) Other (specify)
CM-110 [Rev. July'1, 2011]
lf 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):
E
E
Ef
E
trf
E
E
E
E
E
E
E
t]
E]
E
E
E
Mediation session not yet scheduled
Mediation session scheduled for (dafe);
Agreed to complete mediation by (dafe)
Mediation completed on (dafe):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (dafe):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled
1or
(date):
Agreed to complete neutral evaluation by (dafe);
Neutral evaluation completed on (dafe):
Judicial arbitration not yet scheduled
Judicialarbitration scheduled for (date):
Agreed to complete judicial arbitration by (dafe);
Judicialarbitration completed on (dafe):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (dafe):
Private arbitration completed on (dafe):
ADR session not yet scheduled
ADR session scheduled for (dafe);
Agreed to complete ADR session by (date):
ADR completed on (dafe):
CASE MANAGEMENT STATEMENT
Page 3 of 5
Page 4 PLAINTI FFlPETITIONER:
CASE NUMBER:
Johnson Controls Security Solutions
Tesla, lnc., dba Tesla Motors, lnc., dba Solarcity Co.
DEFENDANT/RESPONDENT:

9CV
11. lnsurance
a. E lnsurance carrier,
b. Reservation of rights:
c. l-l
if any, for
Yes
E
filing this statemenl (name):
No
Coverage issues will significantly affect resolution of this case (exptain):
12. Jurisdiction
lndicate any matters that may affect the court's jurisdiction or processing of this case and describe the status
l-] Bankruptcy l-l other (specify):
Status:
13. Related cases, consolidation, and coordination
a. l-l
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
l-l
b. l-l
nOOitional cases are described in Attachment 13a.
n motion to
I
consotidate
f]]
coordinate
will be filed by (name pafty):
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 pafty, type of motion, and reasons):
15. Other motions
l7l
tne party or parties expect to file the following motions
before trial (specif movinS party, type of motion. and r'ssues):
Default prove-up.
16. Discovery
a.
l-l
The party or parties have completed all discovery.
Partv
Plaintiff
Plaintiff
Plaintiff
c. lV
Description
Date
Written Discovery
Depositions
Expert Discovery
July September Per Gode
The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify) :
Defendant has not responded to the complaint.
CM-1
[Rev. July 1,
CASE MANAGEMENT STATEMENT
Page 4 of 5
Page 5 PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
Johnson Controls Security Solutions
CASE NUMBER:
Tesla, lnc., dba Tesla Motors, lnc., dba Solarcity Co.

9CV
17. Economic litigation

a.
l-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-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):
Other issues
l-l
me party or parties request that the following additional matters be considered
conference (specify):
or determined at the case management
19. Meet and confer
a.
l
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):
Defendant has not responded to complaint.
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):
_
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.
I am
Date: May 19,
Jeffrev S. Flashman
(TYPE OR PRINT NAME)
TURE OF PARTY OR ATTORNEY)
)
(TYPE OR PRINT NAME)
(SIGNATURE OF PARTY OR ATTORNEY)
l-l
CM-110 [Rev. July 1,2011]
nOOitional signatures are attached.
CASE MANAGEMENT STATEMENT
Page 5 of
Page 6 I
PROOF OF SERVICE

STATE OF CALIFORNIA - COUNTY OF LOS ANGELES
J

I am employed in the County of Los Angeles, State of California. I am over the age
eighteen and not apaf to the within action. My business address is McGuinness &
Associates, 3858 Carson Street, Suite 301, Torrance, California 90503.
On the service date below

I served the document described as:
CASE MANAGEMENT STATEMENT

on the interested parties to this action addressed as follows:

Tesla, Inc., dba Tesla Motors, Inc.,
dba Solarcity Company
c/o Albert Demonte
Person Authorized to Accept Service of Process
CT Corporation System
818 West Seventh Street, Suite Los Angeles, CA
of

I
By facsimile machine (FAX) by personally transmitting a true copy thereof via an
electronic facsimile machine.
tXX
I
By first class mail by depositing a sealed envelope in the United States Mail at Torrance,
California, with postage fully prepaid.
Via Courier by depositing in a sealed envelope and delivering to the courier, with all
charges fully prepaid.
tBy overnight delivery by depositing such envelope in a box or other facility regularly
maintained by an express service carrier, or delivered it to an authorized courier or
driver authorized by the express service carrier to receive documents, in an envelope or
package designated by the express service carrier with delivery fees paid or provided for
at Torance, California.
T
By personal service, by
m
2I
XX
delivering
a
true copy thereof to
I declare under penalty of perjury under the laws of the State of California and the
United States of America that the foregoing is true and correct and that this declaration
was executed on May 19,2020, atT
Califomia.

Patrice

PROOF OF SERVICE
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