Case Management Status Conference Statement

Cal. Super. - 6th Dist.August 13, 2019

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONL. Y Grace E. Coller (SBN 322829); Michael L. Smith (SBN 160305) Manning & Kass, Ellrod, Ramirez, Trester LLP 1 California St, Suite 900, San Francisco, CA 94111 TELEPHONE NO.: (415) 217-6990 FAXNO.(0pllona/J:(415) 219-6999 E-MAIL ADDREss rop1;onaIJ: gec@manningllp.com; mls@manningllp.com ATTORNEY FOR rNameJ: Community Real Estate, Inc., Matthew and Amanda Draper SUPERIOR COURT OF CALIFORNIA, COUNTY OF ::,anta Cruz sTREET ADDREss 701 Ocean Street MAILING ADDREss: 701 Ocean Street c1TY AND z1P coDE: Santa Cruz 95060 BRANCH NAME Santa Cruz Courthouse PLAINTIFF/PETITIONER: Steven and Courtney Leonard DEFENDANT/RESPONDENT: Matthew Draper, et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): 0 UNLIMITED CASE D LIMITED CASE 19cv02418 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 11, 2019 Time: 8:30 a.m. Dept. : 5 Div.: Room: Address of court (if different from the address above): 0 Notice of Intent to Appear by Telephone, by (name): Grace E. Coller, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified infonnatlon must be provided. 1. Party or parties (answer one): a. 0 This statement is submitted by party (name): Community Real Estate, Inc., Matthew and Amanda Draper b. CJ This statement is submitted Jointly by parties (names): 2. Complaint and cross-complaint (lo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (data): b. CJ The cross-complaint, if any, was filed on (date): 3. Service (lo be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D 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 of involvement in case, and data by which they may be served): 4. Description of case a. Type of case in 0 complaint D cross-complaint (Describe, including causes of action): Professional Negligence, Breach of Fiduciary Duties, Indemnification Fonn Adopted for Mandatory Uae Judicial Council of Cal~omia CM-11O [Rav. July 1. 2011) CASE MANAGEMENT STATEMENT Pa a 1 ofl Cal. Rules ol Court. NIH 3.720-3 .730 www.courts.ca.gov ELECTRONICALLY FILED Superior Court of California County of Santa Cruz 11/26/2019 1:30 PM Alex Calvo, Clerk By: Marie Bravo, Deputy CM-110 PLAINTIFF/PETITIONER: Steven and Courtney Leonard CASE NUMBER: - DEFENDANT/RESPONDENT: Matthew Draper, et al. 19cv02418 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.) Plaintiffs allege that they are being sued by bUY.er of the subject property, Susan Beck ("Beck") for failure to disclose septic issues on such property. Plaintiff and buyer are both suing Defendants (the broker and agents for the sale) in separate actions, both in Santa Cruz county. 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 parties request 0 a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (dale) . b. 0 No trial date has been set. This case will be ready for trial within 12 months of the date of the fil ing 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): 2 week duration for: 12/03/19; 12/09/19; 12/13/19; 01/13/20; 01/27/20; 02/10/20; 02/18/20; 03/02/20; 03/09/20; 04/07/20; 04/28/20; 05/04/20; 05/18/20; 05/26/20; 06/15/20; 07/07/20; 08/03/20; 08/21/20; 10/19/20;11/09/20 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. 0 days (specify number): 5-7 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial 0 by the attorney or party listed in the caption D by the following : a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: D Additional representation is described in Attachment 8. g. Party represented: 9. Preference D 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 0 has D has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party D has D 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 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. (2)0 (3)0 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): CM-11O (Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Paga 2 of 5 CM-110 PLAINTIFF/PETITIONER: Steven and Courtney Leonard CASE NUMBER: ..- DEFENDANT/RESPONDENT: Matthew Draper, et al. 19cv02418 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 If the party or parties completing this form in the case have agreed to this form are wllllng to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): 0 Mediation session not yet scheduled 0 D Mediation session scheduled for (date): (1) Mediation D Agreed to complete mediation by (date): D Mediation completed on (date) . [2J Settlement conference not yet scheduled (2) Settlement [Z] D Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date) : D Settlement conference completed on (date) : D Neutral evaluation not yet scheduled D D Neutral evaluation scheduled for (date): (3) Neutral evaluation D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled D D ADR session scheduled for (date): (6) Other (specify): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 (Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Page 3 ofl l"M.11n PLAINTIFF/PETITIONER: Steven and Courtney Leonard CASE NUMBER: -DEFENDANT/RESPONDENT: Matthew Draper, et al. 19cv02418 11 . Insurance a. 0 Insurance carrier, if any, for party filing this statement (name): Great American Insurance b. Reservation of rights: 0 Yes D No c. D 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. D Bankruptcy D Other (specify) : Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. Bifurcation 0 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): motion to consolidate this action with Beck v. Draper, 19CV02799 15. Other motions 0 The _partY. or parti~!i expect to file tl:l.e follQwir:,g motiqns Qefore trial (specify moving perty, type of motion, and issues): Motion to stay this matter pending binding arbitration between buyer ancrseller 16. Discovery a. D The party or parties have completed all discovery. b. 0 The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants Defendants Defendants Written Discovery Depositions Expert Discovery June 2020 August2020 Per Code c. D 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 P1g14 of I PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 17. Economic litigation Steven and Courtney Leonard Matthew Draper, et al. CASE NUMBER: 19cv02418 CM-110 a. D 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 to discovery or trial should not apply to this case). 18 Other issues D The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Grant the pending stipulation to set aside default so that we may file our answer to the complaint and then a motion to stay this matter pending binding arbitration between buyer and seller 19. Meet and confer a. 0 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): ---- 1 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: 11/26/2019 Grace E. Coller, Esq. (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) CM-110 !Rev. July 1, 2011) ► (SIGNATURE OF PARTY OR ATTORNEY) ► (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CASE MANAGEMENT STATEMENT Page 5 ofl 1 2 3 4 5 6 7 8 9 10 :J 11 .., ~ ~~ 12 ~~ 13 ;iJ "' \ N-µJ .. 14 c., ex: • z ... ~ ~J5 15 ::gc5 ~ 16 i;.l 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO At the time of service, I was 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 One California Street, Suite 900, San Francisco, CA 94111. On November 26, 2019, I served true copies of the following document(s) described as CASE MANAGEMENT ST A TEMENT on the interested parties in this action as follows : Andrew P. Holland, Esq. THOITS LAW 400 Main Street, Suite 250 Los Altos, CA 94022 Tel : (650) 330-4703 Fax: not available Email: aholland@thoits.com Attorneys for Plaintiffs STEVEN LEONARD and COURTNEY LEONARD BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed 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 Manning & Kass, Ellrod, Ramirez, Trester 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 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 was placed in the mail at San Francisco, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 26, 2019, at San Francisco, California. Karen Greer