Case Management Statement Filed

Cal. Super. - 5th Dist.January 13, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Mario U. Zamora #258721 Griswold, LaSalle, Cobb, Dowd & Gin LLP 111 E. Seventh Street Hanford, CA 93230 TELEPHONENO.: (559) 584-6656 FAXNO.(Optiona/) : E-MAIL ADDRESS (Optional). zamora@griswoldlasalle.com ATTORNEYFOR(Name): Defendant, VIE-DEL COMPANY SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno STREET ADDRESS: 1130 0 St. MAILING ADDREss: 1130 0 Street cITY AND zIP coDE: Fresno, CA 93 721-2220 BRANCH NAME: Civil PLAINTIFF/PETITIONER: THE STATE OF CALIFORNIA DEFENDANT/RESPONDENT: VIE-DEL COMPANY, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: FOR COURT USE ONLY (Check one): [XI UNLIMITED CASE O LIMITED CASE 21 CECG00 121 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 25, 2021 Time: 3:30 Dept.: 402 Div.: Room: Address of court (if different from the address above): D Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [XI This statement is submitted by party (name): VIE-DEL COMPANY b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): January 13, 2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) CM-110 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 the date by which they may be served): 4. Description of case a. Type of case in [XI complaint Eminent Domain Action Form Adopted for Mandatory Use Judicial Council of California cm• 11:ssentia! CM-110[Rev.July1,2011] ceb.com ffiFonnS D cross-complaint (Describe, including causes of action): CASE MANAGEMENT STATEMENT Page 1 of 5 Cal. Rules of Court, rules 3.720-3.730 www.courts.ca. gov E-FILED 5/10/2021 3:52 PM Superior Court of California County of Fresno By: C. York, Deputy CM-110 PLAINTIFF/PETITI0NER:THE STATE OF CALIFORNIA CASE NUMBER: - 21CECG00121 DEFENDANT/RESPONDENT: VIE-DEL COMPANY, et al. 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 seeks acquisition of easements from Defendant for the California High Speed Rail project. 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 D a jury trial IX) 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 (date): b. IX) 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): 7. Estimated length of trial 8. The party or parties estimate that the trial will take (check one): a. IX) days (specify number): 4-5 b. D hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial IX) by the attorney or party listed in the caption a. Attorney: b. Firm: c. Address: d. Telephone number: e. E-mail address: D Additional representation is described in Attachment 8. f. g. Fax number: Party represented: D by the following: 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 D 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 of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) D 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) D 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-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 C[B" I ~. sentia~ ceb.com .,::..Fonns CM-110 PLAINTIFF/PETITIONER:THE STATE OF CALIFORNIA DEFENDANT/RESPONDENT: VIE-DEL COMPANY, et al. CASE NUMBER: 21CECG00121 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 willing 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 parlies' ADR processes (check all that apply): stipulation): W Mediation session not yet scheduled ( 1) Mediation IX) D Mediation session scheduled for (date): D Agreed to complete mediation by (date): D Mediation completed on {date): W Settlement conference not yet scheduled (2) Settlement IX) 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 (3) Neutral evaluation D D Neutral evaluation scheduled for (date): 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 (6) Other (specify): D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date) : CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 f~lfl~~:! PLAINTIFF/PETITIONER:THE STATE OF CALIFORNIA DEFENDANT/RESPONDENT: VIE-DEL COMPANY, et al. 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction CASE NUMBER: 21CECG00121 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. IX) There are companion, underlying, or related cases. (1) Name of case: THE STATE OF CALIFORNIA v. VIE-DEL COMPANY, et al. (2) Name of court: Fresno County Superior Court (3) Case number: 16CECG03449 & 20CECG03674 (4) Status: Pending D Additional cases are described in Attachment 13a. b. IX) A motion to Ill consolidate D coordinate will be filed by (name party): All parties 14. Bifurcation CM-110 D 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. IX) The following discovery will be completed by the date specified (describe all anticipated discovery): ~ Description Defendant, VIE-DEL COMPANY Oral Discovery Defendant, VIE-DEL COMPANY Written Discovery Defendant, VIE-DEL COMPANY Expert Discovery Date Per Code Per Code 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 ~, ~~~:~ Page 4of 5 CM-110 PLAINTIFF/PETITIONER: THE STATE OF CALIFORNIA DEFENDANT/RESPONDENT: VIE-DEL COMPANY, et al. 17. Economic litigation CASE NUMBER: 21CECG00121 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): 19. Meet and confer a. IX) 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): 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: May 10, 2021 Maria II Zamora CM-110 [Rev. July 1, 2011] C[B* 11:ssentla! ceb.com ,0Fonns (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) •_ =Yl__,__""'_l-___ l- _ _ (SIGNATURE OF PARTY OR ATTORNEY) •- --- - - - - (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CASE MANAGEMENT STATEMENT Page 5 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GRISWOLD, LaSALLE, COBB.DOWD& GIN, LLP 111 E. SEVENTH STREET HANFORD, CA 93230 PROOF OF SERVICE CCP §§ 1011, 1013, 1013a, 2015.5; FRCP 5(b) I am employed in the County of Kings, State of California. I am over the age of 18 years and not a party to the within action; my business address is 111 E. Seventh Street, Hanford, California 93230. On May 10, 2021, I served the following document(s): CASE MANAGEMENT STATEMENT, on the interested parties in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as follows: See Attached [] (By Mail) I deposited such envelope in the United States mail at Hanford, California. The envelope was mailed with postage thereon fully prepaid. [] (By Mail) As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under the practice it would be deposited with the U.S. Postal Service on the same day with postage thereon fully prepaid at Hanford, California, in the ordinary course of business. [] (By Overnight Delivery) I deposited such envelope in the Federal Express/UPS Next Day Air/U.S. Mail Express Mail depository at Hanford, California. The envelope was sent with delivery charges thereon fully prepaid. [X] (By Electronic Mail) I caused such documents to be sent to the stated recipient via electronic to the e-mail address as stated herein. [] (By Personal Service) I caused such envelope to be hand delivered to the offices of the addressee(s) shown above. [] (By Facsimile) I caused each document to be delivered by electronic facsimile to the offices listed above. [X] (State) I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. [] (Federal) I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. Executed on May 10, 2021, at Hanford, California. 1 The State of California v. Vie-Del Company, et al. Fresno County Superior Court Case No. 21CECG00121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GRISWOLD, LaSALLE, COBB, DOWD& GIN,LLP I JI E. SEVENTH STREET HANFORD, CA 93230 JULIE DEL RIVO MARY AM AZIZI ASHLEY DENNING 100 South Main Street, Suite 1300 Los Angeles, California 90012-3702 Emails: Julie.Delri vo@dot.ca.gov Maryam.Azizi@dot.ca.gov Ashley.Denning@dot.ca.gov Erick.Mayen@dot.ca.gov Stephanie.Fay@dot.ca.gov Karla.Gutierrez@dot.ca.gov SERVICE LIST Attorneys for Plaintiff 2 The State of California v. Vie-Del Company, et al. Fresno County Superior Court Case No. 21CECG00121