Case Management Statement Filed

Cal. Super. - 5th Dist.May 3, 2021

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE (Amount demanded exceeds $25,000) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Time: Div.: Room:Dept.: Address of court (if different from the address above): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): b. 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) 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-complaintb. (1) have not been served (specify names and explain why not): (2) (3) The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): c. 4. Description of case a. Type of case in cross-complaintcomplaint (Describe, including causes of action): Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011] Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov CASE MANAGEMENT STATEMENT STREET ADDRESS: MAILING ADDRESS: LIMITED CASE (Amount demanded is $25,000 or less) a. The complaint was filed on (date): This statement is submitted jointly by parties (names): have been served but have not appeared and have not been dismissed (specify names): have had a default entered against them (specify names): Notice of Intent to Appear by Telephone, by (name): E-FILED 8/16/2021 10:05 AM Superior Court of California County of Fresno By: K. Daves, Deputy CASE NUMBER: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 10. Alternative dispute resolution (ADR) has has not provided the ADR information package identified (1) For parties represented by counsel: CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 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 (3) (2) (1) b. Referral to judicial arbitration or civil action mediation (if available). has has not reviewed the ADR information package identified in rule 3.221. 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. (2) For self-represented parties: Party in rule 3.221 to the client and reviewed ADR options with the client. 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.) (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial (If more than one party, provide the name of each partya jury triaI a nonjury trial.The party or parties request requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. 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 The party or parties estimate that the trial will take (check one): a. days (specify number): b. 8. Trial representation (to be answered for each party) by the attorney or party listed in the caption by the following: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 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): hours (short causes) (specify): b. Firm: a. Attorney: The party or parties will be represented at trial a. Counsel mediation under Code of Civil Procedure section 1775.3 or to civil action because the amount in controversy does not exceed the statutory limit. mediation under Code of Civil Procedure section 1775 et seq. or from civil action (specify exemption): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 CASE NUMBER:PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 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): CM-110 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): (2) Settlement conference (4) (5) 10. c. Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (6) Other (specify): Binding private arbitration Nonbinding judicial arbitration (3) Neutral evaluation (1) Mediation Mediation completed on (date): Agreed to complete mediation by (date): Mediation session scheduled for (date): Mediation session not yet scheduled CASE NUMBER: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. Additional cases are described in Attachment 13a. wiII be filed by (name party):consolidate coordinateb. A motion to 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 party, type of motion, and reasons): CM-110 [Rev. July 1, 2011] Page 4 of 5CASE MANAGEMENT STATEMENT (4) Status: (1) Name of case: (2) Name of court: (3) Case number: CM-110 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): DescriptionParty Date The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): c. 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy Other (specify): Status: 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Nob. YesReservation of rights: Coverage issues will significantly affect resolution of this case (explain):c. CASE NUMBER: 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): 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: (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5CASE MANAGEMENT STATEMENT PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CM-110 18. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 17. Economic litigation a. 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. 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): b. Attachment 6(c) Dates of Unavailability for Plaintiff’s Counsel: TRIALS DATE CASE ESTIMATED LENGTH SETTLED Thomas v. Madden 7 to 10 Days SETTLED Jordan v. Bulldog 5 to 7 Days SETTLED Ruiz v Hussain 7 to 10 Days SETTLED Villa v. JD Homes 6 to 10 Days 09/03/21 Martinez v Flores 7 Days SETTLED Press v Guardian 5 Days 09/24/21 Martinez v SPSSM 10 Days SETTLED Castronover v Olsen 4 to 8 Days SETTLED Dexter v Marine 10/04/21 Jenkins v Bell 10/07/21 Broussard v Ezeoba, LLC 10/12/21 Machado v Putsawatanachai 5 to 7 Days 10/15/21 Smallwood v. San Timoteo 10 Days 11/05/21 Jasso v Bonilla 3 to 5 Days 11/15/21 Hodge v Vergara 5 to 7 Days 12/06/21 Nungaray v Stratus Property Manageme 5 to 7 Days 12/07/21 Fontenette v Mitchell 5 to 7 Days 12/15/21 Edwards v Ebuehi 3 to 5 Days 12/15/21 Mejia v Alvarado LLC 5 to 7 Days 12/15/21 Recinos v Prairie Avenue Apartments 3 to 5 Days 01/10/22 McGrue v Bernaldo 15 Days 01/12/22 Lark v Diaz SETTLED Penigar v Zhen SETTLED Fox v Ramirez 01/24/22 Hullom v Onunwah 3 to 5 Days 01/31/22 Lowndes v Cisneros 5 to 7 Days 01/31/22 Hanley v. Maden 3 to 5 Days 01/31/22 Hamilton v Starlite 5 to 7 Days 02/02/22 Steinkamp v. Botach 3 to 5 Days 02/03/22 Medina v Marcus 02/04/22 Diaz v Barclay 02/17/22 Montes v Peterson 02/22/22 Martinez v Dubon 3 to 5 Days 03/01/22 Wheatley v Klein 6 Days 03/07/22 De Rosas v Cedros Garden Associates 5 to 7 Days 03/14/22 Zamarripa v SPSSM 03/21/22 Martinez v Reserve 3 to 5 Days 03/21/22 Cole v 2801 S. H St 4 to 5 Days 03/21/22 Ford v Yang 3 to 5 Days SETTLED Renteria v Velasquez 5 Days 03/23/22 Flores v Mikhail 04/04/22 Hernandez v Meganova 7 Days 04/04/22 Rodriguez v Angadala 3 to 5 Days 04/15/22 Daniels v. Mountain 10 Days 04/18/22 Isch v K & K Apartments 5 to 7 Days 04/22/22 Mohammed v RC S Kenmore Ave LLC 7 Days 4/25/22 Randall v Holden 3 to 5 Days 05/02/22 Curtis v Elm Street 10 Days 05/09/22 Jamaleddin v Murphy 3 to 5 Days 05/09/22 White v King Canyon Housing LP 4 to 7 Days 5/31/22 Fernando v Blue Sky 3 to 5 Days SETTLED Page v Maple 5 to 10 Days 06/06/22 Acord v Lai 4 to 7 Days 06/13/22 Wanis v Gilliam 3 to 5 Days 06/26/22 Thomas v. TDS Holdings, LLC 3 to 5 Days 06/27/22 Orona v Sodi 3 to 5 Days 08/03/22 McDaughtery v Alvarado Beverly LLC 08/03/22 Gutierrez v Rosewood Investments 08/08/22 Avila v. Park Village Family Apts 5 to 7 Days 08/15/22 Quevedo v Brown 7 Days 08/16/22 Fuentes v Barba 08/16/22 Hill v Rodeo Road 08/29/22 Christopher v Tarlton 6 to 10 Days 09/06/22 Welch v 1342 W. 251st LLC 09/12/22 Brown v Lai 3 to 5 Days 09/26/22 Woods v Courtyard at Central Park 6 to 7 Days 10/11/22 Jackson v Pino 5 to 7 Days 10/17/22 Biggs v Regency Property Management 5 to 7 Days 10/31/22 Johnston v Saratoga 5 to 7 Days 11/07/22 Esquivel v Eight D’s Professional 11/28/22 Tellez v Reyes 12/27/22 Morales v. Solorzano 01/17/23 Labrum v Fowler Walnut Grove Villa 3 to 5 Days SETTLED Carrasco v Schmidt 3 to 5 Days 02/06/23 Tobias v El Cazador 5 to 7 Days 02/06/23 Johnson v Cermak 5 to 10 Days 02/27/23 Morones-Locke v Meganova 4 to 6 Days 02/27/23 Emerson v Meganova 4 to 6 Days 02/27/23 Davis v Meganova 3 to 5 Days VACATION/UNAVAILABLE ATTORNEY DATES CGS 12/23/21 to 1/2/22 2/4/22 to 2/13/22 6/10/22 to 6/19/22 11/11/22 to 11/27/22 LDR 7/28/22 to 07/23/22 MAE 12/23/21 to 1/2/22 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 1 PROOF OF SERVICE PROOF OF SERVICE ) ) STATE OF CALIFORNIA ) ) COUNTY OF FRESNO ) I am employed in the County of Orange, State of California. I am over eighteen years of age, and not a party to the within action; my business address is 17011 Beach Blvd., #900, Huntington Beach, California 92647. On August 16, 2021, I served the following document: PLAINTIFF CASE MANAGEMENT STATEMENT On the interested parties in this action as stated on the attached service list. ___ FACSIMILE: I caused the document to be sent via facsimile to the facsimile number(s) listed on the attached service list. BY MAIL: I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses on the attached service list and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice 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 employed in the county where the mailing occurred. The envelope or package was placed in the mail Compton, California. ___ OVERNIGHT: I caused the above-referenced document(s) to be deposited in a box or other facility regularly maintained by the overnight courier, or I delivered the above-referenced document(s) to an overnight courier service, for delivery to the addressee on the attached service list. _X_ ELECTRONIC MAIL: I caused the above-referenced document(s) to be electronically mailed to the addresses listed on the attached service list. I declare under penalty of perjury, pursuant to the laws of the State of California that the foregoing is true and correct, and that this proof of service was executed on August 16, 2021 at Compton, California. Alma Gallegos Re: PAGE v. T&C CALKINS REAL ESTATE \DOONO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JENNY PAGE, et aL, V. T&C CALKINS REAL ESTATE. INC. et al. Case N0. 21CECG01272w Keith R. Pawloski, Esq. STRATMAN, SCHWARTZ & WILLIAMS-ABREGO P.O. Box 258829 Oklahoma City, OK 73 125-8829 Phone: (9 l 6) 503-2743 Email: keith.pawloski@farmersinsurance.c0m Attorney for Defendant: T & C CALKINS REAL ESTATE, INC. 2 PROOF OF SERVICE