Case Management Statement FiledCal. Super. - 5th Dist.July 16, 2019E-FILED 10/29/2019 3:50 PM Superior Court of California County of Fresno By: M. Douangkham, Deputy CM-110 ATTORNEY OR PARTY WITHOUY ATTORNEY (Name. Siam Bar numbar, and addmss): FOR COURT USE ONLY Douglas M. Larsen. SBN 142852: Joseph Zimmerl, SBN 310036 FISHMAN LARSEN & CALLISTER 71 12 N. Fresno Street. Suite 450, Fresno, CA 93720 TELEPHONE N0.: (559) 256-5000 FAX N0. (0mm): (559) 256-5005 EMAILADDREss romance: Iarsen@flclaw.net; zimmerl@flclaw.net ATTORNEY FoRmmx Defendant Powell Pediatric Dentistry Chestnut Partnership SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F FRESNO STREETADDRESS: 1130 "O" Street MAILING ADDRESS: CT" AND Z'P CODE Fresno, CA 93724 BRANCH NAME: Unlimited Civil Division PLAINTIFF/PETrnONER: Bonnie Sandoval DEFENDANTIRESPONDENT: Powell Pediatric Dentistry Chestnut Partnership. etc. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE D LIMITED CASE 19CECG0261 3 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 20, 2019 Time: 3:30 p.m. Dept: 403 Div.: Room: Address of court (if difiemnt from (he addmss above): E Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the speclfied Information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Defendant, Powell Pediatric Dentistry Chestnut Partnership, dba b. E This statement is submitted jointly by parties (names): Powell Pediatric Dentistry 2. Complaint and cross-com plaint (lo be answered by plaintifis and cmss-complainants only) a. The complaint was filed on (date): b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintifis and cross-camplainanls only) a. E All parties named In the complaint and cross-oomplaint have been served. have appeared. or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been sewed (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): 4. Description of case 3- Type 0f 035° i" m complaint E cross-complaint (Describe, including causes of action): Class Action Complaint for Damages & Enforcement Under the Private Attorneys General Act £5931 a! 5 ‘fl'zm’émmmmw CASE MANAGEMENT sTATEMENT camnimgggggugg CM~1 1o [Ru Jury 1. 20111 www.couusugov CM-110 _ PLAINTIFF/PETITIONER: Bonnie Sandoval 6:392:2262613 DEFENDANT/RESPONDENT: Powell Pediatric Dentistry Chestnut Partnership, etc. 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damaggs are sought, specjfy the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medaca{ expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff filed this action on her own behalf and on behalf of other former hourly-paid or non-exempt employees 'of Powell Pediatric Dentistry for unpaid overtime, failure to provide meal/rest breaks, unpaid minimum wages, failure to pay wages upon termination, wages not timely paid during employment, non-compliant wage statements; failure to keep requisite payroll records, unreimbursed business expenses, unfair business practices, and PAGA.D (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or panies request a jury trial E a nonjury trial. (If more than one party, provide the name of each party requesting a jwy tn’al): 6. Trial date a. E The trial has been set for (date): b. 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 not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability}: . 3/9/20-3/1 6/20 - Jury Trial; 4/1 3/20-4/23/20 - Jury Trial; 7/21/20-7/27/20; Jury Trial; 8/17/20-8/24/20 - Arbitration 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 2 days b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m by the attorney or party listed in the caption E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e E-mail address: g. Party represented:E Additional representation is described in Attachment 8. 9. Preferencea 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 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) For seIf-represented parties: Party E has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is sub'ect to mandatory judicial arbitration under Code of Civil Progedure section 1141 .11 or to civil action mediation! under ode of Civil Procedure section 1775.3 because the amount In controversy does not exceed the statutory imit. (2) D Plaintiff elects to refer this case to judicial arbitraiion and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.1 1. (3) E This case is exemgt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under ode of Civil Procedure section 1775 et seq. (specify exemption): CM-11O (Rev. July 1. 2011) CASE MANAGEMENT STATEMENT Page 29f 5 CM-1 10 __ PLAINTIFF/PETITIONER: Bonnie Sandoval DEFENDANT/RESPONDENTI Powell Pediatric Dentistry Chestnut Partnership, etc. CASE NUMBER: 1QCECG0261 3 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): m(1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DUDE DUDE] DUDE DUDE! DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM.110 (Rev. July 1. 2011] Page 3 ofs CASE MANAGEMENT STATEMENT CMAJfl PLAINTIFF/PETITIONER: Bonnie Sandoval “SE "UMBER 1 9CECG0261 3 DEFENDANT/RESPONDENT; Powell Pediatric Dentistry Chestnut Partnership, etc. 11. Insurance a. E Insurance carrier. if any. for party filing this statement (name): b. Reservation of rights: E Yes E No c. E 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.E Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a, E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. . b. E A motion to E COHSOlidate E coordinate will be filed by (name party): 14. BifurcationD The party or parties intend to file a motion for an order bifurcating, severing. or coordinating the following issues or causes of action (special moving party, type of motion, and reasons): 15. Other motionsD The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (descn'be all anticipated discovery): Bail! Description Date c, E The following discovery issues. including issues regarding the discovery of electronically stored information. are anticipated (specify): CM-11o (Rev. July 1. 20111 CASE MANAGEMENT STATEMENT Pass 4 o! 5 CM-110 PLAINTIFF/PETITIONER: Bonnie Sandoval CASENUMBER_ . . . . 1QCEC602613 DEFENDANT/RESPONDENT; Powell Pedlatrlc Dentlstry Chestnut Partnership, etc. 17. Economic litigation a. E 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. D 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 (o discovery or trial should not apply to this case): 18. Other issuesE The pany 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 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): 20. Total number of pages attached (if any): O | am completely familiar with this case and will be fully prepared t0 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 pany where required. Date: October 29, 2019 wl Joseph Zimmerl ’ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ArrORNEY)a Additional signatures are attached. CM-110[Rev,July1.2011] CASE MANAGEMENT STATEMENT PagaSols OOOONQUI-wa-a NNNNNNNNNHt-‘F-‘b-‘v-‘flt-I-II-Ih- OONONM-QWNHoomNONMkWNH PROOF OF SERVICE CCP §§ 101 l, 1013, l013a,2015.5; FRCP 5(b) I am employed in the County of Fresno, State ofCalifomia. I am over the age of 18 and not a party to the within action; my business address is 7] 12 N. Fresno Street, Suite 450, Fresno, California 93720. On October 29, 2019, I served the document described as Case Management Statements 0n the interested parties in this action D by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list: E by placing D the original E a true copy thereofenclosed in sealed envelopes addressed as follows: Romina Keshishyan, Esq. RK LEGAL, PC 655 N. Central Ave., Suite I700 Glendale, California 9 l 203 Telephone: 1-323-744-4 124Wilma g BY MAIL D I deposited such envelope in the mail at Fresno, California. The envelope was mailed with postage thereon fully prepaid. g As follows: I am “readily familiar” with the firm’s practice ofcollection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Fresno, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one-day afier date of deposit for mailing in affidavit. D (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices ofthe addressee(s) as shown above. D (BY FAX) l caused the above- referenced document to be transmitted by fax to the addressee(s) at the fax number(s) shown. D (BY OVERNIGHT COURIER) l caused the above-referenced envelope(s) to be given to a courier service for delivery to the addressee(s). Executed on October 29, 20l9, at Fresno, California. g (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. D (Federal) l declare under penalty of perjury under the laws of the United States of America that the above is true and correct and that I am employed in the office of a member of the bar 0f this Court at whose direction the service was made. Syl Casaus