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1 WOMBLE BOND DICKINSON (US) LLP
QUINLAN S. TOM (SBN 142461)
2 Quinlan.Tom@wbd-us.com
NIKKU KHALIFIAN (SBN 327550)
3 Nikku.Khalifian@wbd-us.com
50 California Street, Suite 2750
4 San Francisco, California 94111
Telephone: (415) 433-1900
5 Facsimile: (415) 433-5530
6 Attorneys for Defendants HAPPY TEAM, LLC,
SANDY XIA, and JIANYU “JENNY” DENG
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN MATEO
10 UNLIMITED JURISDICTION
11 KARTIKA KUPPALLI AND MATTHEW Case No. 23-CIV-00984
STEWART,
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Plaintiffs, DEFENDANTS HAPPY TEAM, LLC,
13 SANDY XIA, AND JIANYU “JENNY”
vs. DENG’S CASE MANAGEMENT AND
14 TRIAL SETTING CONFERENCE
HORIZON CUSTOM HOME, TOAN LY, STATEMENT
15 HAPPY TEAM, LLC, SANDY XIA, JIANYU
“JENNY” DENG, ECS DESIGN INC., AND
16 DOES 1 THROUGH 100,
17 Defendants. ASSIGNED FOR ALL PURPOSES TO
THE HONORABLE ROBERT D. FOILES,
18 DEPT. 21
19
Complaint Filed: March 6, 2023
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HAPPY TEAM, LLC, SANDY XIA, AND
21 JIANYU “JENNY” DENG,
22 Cross-Complainants,
23 vs.
24 HORIZON CUSTOM HOME, ECS DESIGN,
INC., JCR CUSTOM CABINETS LLC, and
25 ROES 1 THROUGH 12, INCLUSIVE,
26 Cross-Defendants.
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DEFENDANTS HAPPY TEAM, LLC, SANDY XIA, AND JIANYU “JENNY” DENG’S CASE MANAGEMENT
AND TRIAL SETTING CONFERENCE STATEMENT
1 Pursuant to CRC Rules 3.727 and 3.729, defendants Happy Team, LLC, Sandy Xia, and
2 Jianyu “Jenny” Deng the following Case Management and Trial Setting Statement.
3 CRC Rule 3.727:
4 1. There are no related cases.
5 2. All defendants have been served and have appeared.
6 3. No additional parties are anticipated to be added or any amendments to the
7 pleadings.
8 4. Not applicable.
9 5. There are no other matters that may affect the Court’s jurisdiction.
10 6. The parties have been to mediation. The matter should not be referred to judicial
11 arbitration.
12 7. Settlement negotiations continue and an early settlement conference would be
13 helpful.
14 8. Discovery has not yet been completed. Defendants anticipate discovery being
15 completed by September 30, 2024.
16 9. No discovery issues are anticipated.
17 10. The case should proceed as currently situated.
18 11. No additional pleadings are anticipated.
19 12. No statutory preference applies here.
20 13. Defendants demand jury trial.
21 14. The parties have previously setting a trial date of October 28, 2024.
22 15. Estimated length of trial is 5-7 court days.
23 16. Plaintiff asserts economic damages from alleged construction defects. Defendants
24 allege that they are entitled to indemnity from the cross-defendants.
25 17. Plaintiff has alleged damages of approximately $300,000.
26 18. Defendants seek indemnity from the cross-defendants.
27 19. There are coverage issues according to the other defendants.
28 20. No other known issues.
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DEFENDANTS HAPPY TEAM, LLC, SANDY XIA, AND JIANYU “JENNY” DENG’S CASE MANAGEMENT
AND TRIAL SETTING CONFERENCE STATEMENT
1 Additional factors per CRC Rule 3.729:
2 1. Breach of contract, negligence, indemnity claims.
3 2. No priority.
4 3. There are five causes of action by plaintiff. Defendants assert claims for breach of
5 contract and indemnity against cross-defendants Horizon and ECS.
6 4. No amendments have been made to the cross-complaint.
7 5. Not applicable.
8 6. In addition to plaintiff, there are three sets of defendants/cross-defendants.
9 7. No complex issues exist.
10 8. No deficiencies are known at this time.
11 9. Defendants have proposed a trial date of October 28, 2024. Trial counsel is set for
12 trial throughout September and October 22, 2024.
13 10. Defendants intend to call 5 witnesses. No known issues with respect to witness
14 availability.
15 11. No prior continuances.
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17 DATED: May 10, 2024 WOMBLE BOND DICKINSON (US) LLP
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By:
20 Quinlan S. Tom
Nikku Khalifian
21 Attorneys for Defendants HAPPY TEAM, LLC,
SANDY XIA, and JIANYU “JENNY” DENG
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DEFENDANTS HAPPY TEAM, LLC, SANDY XIA, AND JIANYU “JENNY” DENG’S CASE MANAGEMENT
AND TRIAL SETTING CONFERENCE STATEMENT
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
3 At the time of service, I am over 18 years of age and not a party to this action. I am
employed in the County of San Francisco, State of California. My business address is
4 50 California Street, Suite 2750, San Francisco, CA 94111.
5 On May 10, 2024, I served true copies of the following document(s) described as
DEFENDANTS HAPPY TEAM, LLC, SANDY XIA, AND JIANYU “JENNY” DENG’S
6 CASE MANAGEMENT AND TRIAL SETTING CONFERENCE STATEMENT on the
interested parties in this action as follows:
7
Anthony Marsh, Esq. Attorneys for Plaintiffs
8 LAW OFFICE OF ANTHONY MARSH Kartika Kuppalli and Matthew Stewart
P.O. Box 2755
9 Saratoga, CA 95070
10 Telephone: 408-398-2646
Email: tmarsh288@gmail.com
11
Todd A. Jones, Esq. Attorneys for Defendant/Cross-Complainant
12 Jonathan C. Bacon, Esq. HORIZON CUSTOM HOME and Defendant
MOKRI VANIS & JONES, LLP TOAN LY
13 3620 American River Drive, Suite 218
14 Sacramento, CA 95864
Telephone: 916.306.0434
15 Facsimile: 949.226.7150
Email: tjones@mvjllp.com;
16 jbacon@mvjllp.com
17 Gulomjon Azimov, Esq. Attorneys for Defendants
AZIMOV LAW FIRM ECS DESIGN, INC.
18
1191 Randol Ave.
19 San Jose, CA 95126
Telephone: 408-940-6600
20 Email: gazimov@azimovlawfirm.com;
info@azimovlawfirm.com
21
JCR Custom Cabinets LLC Cross-Defendant
22 Joe Rico (Agent for Service of Process)
23986 Clawiter Street
23 Hayward, CA 94545
24
☒ BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed
25 to the persons at the addresses listed in the Service List and placed the envelope for collection and
mailing, following our ordinary business practices. I am readily familiar with the practice of
26 Womble Bond Dickinson (US) LLP for collecting and processing correspondence for mailing. On
the same day that correspondence is placed for collection and mailing, it is deposited in the
27 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
28 envelope was placed in the mail at San Francisco, California.
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DEFENDANTS HAPPY TEAM, LLC, SANDY XIA, AND JIANYU “JENNY” DENG’S CASE MANAGEMENT
AND TRIAL SETTING CONFERENCE STATEMENT
1 ☒ BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the
document(s) to be sent from e-mail address Shelley.Lott@wbd-us.com to the persons at the e-mail
2 addresses listed in the Service List. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was unsuccessful.
3
☐ BY FEDEX: I enclosed said document(s) in an envelope or package provided by
4 FedEx and addressed to the persons at the addresses listed in the Service List. I placed the
envelope or package for collection and overnight delivery at an office or a regularly utilized drop
5 box of FedEx or delivered such document(s) to a courier or driver authorized by FedEx to receive
documents.
6
I declare under penalty of perjury under the laws of the State of California that the
7 foregoing is true and correct.
8 Executed on May 10, 2024, at San Francisco, California.
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Shelley Lott
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DEFENDANTS HAPPY TEAM, LLC, SANDY XIA, AND JIANYU “JENNY” DENG’S CASE MANAGEMENT
AND TRIAL SETTING CONFERENCE STATEMENT
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1 WOMBLE BOND DICKINSON (US) LLP QUINLAN S. TOM (SBN 142461) 2 Quinlan.Tom@wbd-us.com NIKKU KHALIFIAN (SBN 327550) 3 Nikku.Khalifian@wbd-us.com 50 California Street, Suite 2750 4 San Francisco, California 94111 Telephone: (415) 433-1900 5 Facsimile: (415) 433-5530 6 Attorneys for Defendants HAPPY TEAM, LLC, SANDY XIA, and JIANYU “JENNY” DENG 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN MATEO 10 UNLIMITED JURISDICTION 11 KARTIKA KUPPALLI AND MATTHEW Case No. 23-CIV-00984 STEWART, 12 Plaintiffs, DEFENDANTS HAPPY TEAM, LLC, 13 SANDY XIA, AND JIANYU “JENNY” vs. DENG’S CASE MANAGEMENT AND 14 TRIAL SETTING CONFERENCE HORIZON CUSTOM HOME, TOAN LY, STATEMENT 15 HAPPY TEAM, LLC, SANDY XIA, JIANYU “JENNY” DENG, ECS DESIGN INC., AND 16 DOES 1 THROUGH 100, 17 Defendants. ASSIGNED FOR ALL PURPOSES TO THE HONORABLE ROBERT D. FOILES, 18 DEPT. 21 19 Complaint Filed: March 6, 2023 20 HAPPY TEAM, LLC, SANDY XIA, AND 21 JIANYU “JENNY” DENG, 22 Cross-Complainants, 23 vs. 24 HORIZON CUSTOM HOME, ECS DESIGN, INC., JCR CUSTOM CABINETS LLC, and 25 ROES 1 THROUGH 12, INCLUSIVE, 26 Cross-Defendants. 27 28 DEFENDANTS HAPPY TEAM, LLC, SANDY XIA, AND JIANYU “JENNY” DENG’S CASE MANAGEMENT AND TRIAL SETTING CONFERENCE STATEMENT 1 Pursuant to CRC Rules 3.727 and 3.729, defendants Happy Team, LLC, Sandy Xia, and 2 Jianyu “Jenny” Deng the following Case Management and Trial Setting Statement. 3 CRC Rule 3.727: 4 1. There are no related cases. 5 2. All defendants have been served and have appeared. 6 3. No additional parties are anticipated to be added or any amendments to the 7 pleadings. 8 4. Not applicable. 9 5. There are no other matters that may affect the Court’s jurisdiction. 10 6. The parties have been to mediation. The matter should not be referred to judicial 11 arbitration. 12 7. Settlement negotiations continue and an early settlement conference would be 13 helpful. 14 8. Discovery has not yet been completed. Defendants anticipate discovery being 15 completed by September 30, 2024. 16 9. No discovery issues are anticipated. 17 10. The case should proceed as currently situated. 18 11. No additional pleadings are anticipated. 19 12. No statutory preference applies here. 20 13. Defendants demand jury trial. 21 14. The parties have previously setting a trial date of October 28, 2024. 22 15. Estimated length of trial is 5-7 court days. 23 16. Plaintiff asserts economic damages from alleged construction defects. Defendants 24 allege that they are entitled to indemnity from the cross-defendants. 25 17. Plaintiff has alleged damages of approximately $300,000. 26 18. Defendants seek indemnity from the cross-defendants. 27 19. There are coverage issues according to the other defendants. 28 20. No other known issues. 1 DEFENDANTS HAPPY TEAM, LLC, SANDY XIA, AND JIANYU “JENNY” DENG’S CASE MANAGEMENT AND TRIAL SETTING CONFERENCE STATEMENT 1 Additional factors per CRC Rule 3.729: 2 1. Breach of contract, negligence, indemnity claims. 3 2. No priority. 4 3. There are five causes of action by plaintiff. Defendants assert claims for breach of 5 contract and indemnity against cross-defendants Horizon and ECS. 6 4. No amendments have been made to the cross-complaint. 7 5. Not applicable. 8 6. In addition to plaintiff, there are three sets of defendants/cross-defendants. 9 7. No complex issues exist. 10 8. No deficiencies are known at this time. 11 9. Defendants have proposed a trial date of October 28, 2024. Trial counsel is set for 12 trial throughout September and October 22, 2024. 13 10. Defendants intend to call 5 witnesses. No known issues with respect to witness 14 availability. 15 11. No prior continuances. 16 17 DATED: May 10, 2024 WOMBLE BOND DICKINSON (US) LLP 18 19 By: 20 Quinlan S. Tom Nikku Khalifian 21 Attorneys for Defendants HAPPY TEAM, LLC, SANDY XIA, and JIANYU “JENNY” DENG 22 23 24 25 26 27 28 2 DEFENDANTS HAPPY TEAM, LLC, SANDY XIA, AND JIANYU “JENNY” DENG’S CASE MANAGEMENT AND TRIAL SETTING CONFERENCE STATEMENT 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 3 At the time of service, I am over 18 years of age and not a party to this action. I am employed in the County of San Francisco, State of California. My business address is 4 50 California Street, Suite 2750, San Francisco, CA 94111. 5 On May 10, 2024, I served true copies of the following document(s) described as DEFENDANTS HAPPY TEAM, LLC, SANDY XIA, AND JIANYU “JENNY” DENG’S 6 CASE MANAGEMENT AND TRIAL SETTING CONFERENCE STATEMENT on the interested parties in this action as follows: 7 Anthony Marsh, Esq. Attorneys for Plaintiffs 8 LAW OFFICE OF ANTHONY MARSH Kartika Kuppalli and Matthew Stewart P.O. Box 2755 9 Saratoga, CA 95070 10 Telephone: 408-398-2646 Email: tmarsh288@gmail.com 11 Todd A. Jones, Esq. Attorneys for Defendant/Cross-Complainant 12 Jonathan C. Bacon, Esq. HORIZON CUSTOM HOME and Defendant MOKRI VANIS & JONES, LLP TOAN LY 13 3620 American River Drive, Suite 218 14 Sacramento, CA 95864 Telephone: 916.306.0434 15 Facsimile: 949.226.7150 Email: tjones@mvjllp.com; 16 jbacon@mvjllp.com 17 Gulomjon Azimov, Esq. Attorneys for Defendants AZIMOV LAW FIRM ECS DESIGN, INC. 18 1191 Randol Ave. 19 San Jose, CA 95126 Telephone: 408-940-6600 20 Email: gazimov@azimovlawfirm.com; info@azimovlawfirm.com 21 JCR Custom Cabinets LLC Cross-Defendant 22 Joe Rico (Agent for Service of Process) 23986 Clawiter Street 23 Hayward, CA 94545 24 ☒ BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed 25 to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of 26 Womble Bond Dickinson (US) LLP for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the 27 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 28 envelope was placed in the mail at San Francisco, California. 3 DEFENDANTS HAPPY TEAM, LLC, SANDY XIA, AND JIANYU “JENNY” DENG’S CASE MANAGEMENT AND TRIAL SETTING CONFERENCE STATEMENT 1 ☒ BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent from e-mail address Shelley.Lott@wbd-us.com to the persons at the e-mail 2 addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 3 ☐ BY FEDEX: I enclosed said document(s) in an envelope or package provided by 4 FedEx and addressed to the persons at the addresses listed in the Service List. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop 5 box of FedEx or delivered such document(s) to a courier or driver authorized by FedEx to receive documents. 6 I declare under penalty of perjury under the laws of the State of California that the 7 foregoing is true and correct. 8 Executed on May 10, 2024, at San Francisco, California. 9 10 Shelley Lott 11 12 13 WBD (US) 4859-4279-4938v1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DEFENDANTS HAPPY TEAM, LLC, SANDY XIA, AND JIANYU “JENNY” DENG’S CASE MANAGEMENT AND TRIAL SETTING CONFERENCE STATEMENT