Statement Case Management Conference

Cal. Super. - 6th Dist.March 26, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Margaret M. Schneck (SBN 151695) P.O. Box 1701 San Jose, CA 95109 FOR COURT USE ONLY CM-110 TELEPHONE NOC 408-753-1117 Eo«L ADDRESS (OP««at) t ..SllmSChneCklaW.COm ATTQRNEY FQR (Name): Rite Kino FAX NO. (Optional): 408-753-1326 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREETADDREss:191 N. First Street MAIUNG ADDRESS: clTY AND zIP coDE:San Jose. CA 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: Rita King DEFENDANT/RESPONDENT: Micahel Hingle CASE MANAGEMENT STATEMENT (Check one): ~x UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: CASE NUMBER: 21CV381370 Date: 8/10/2021 Time: 3:45 D.m. Dept.: 19 Div.: Room: Address of court (if different from the address above): ~ 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. ~x This statement is submittedby party (name): Rita King b. ~ This statement is submitted jointly by parties (names): 2. Complaint and crosswomplaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): March 29, 2021 b. ~ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. ~x All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and explain why not): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ 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 a. Type of case in ~x complaint ~ cross-complaint (Describe, including causes of action): Rita King is 95 years old and was induced to pay Michael Hingle $ 190,000 to perform certain services for her grandson who was a defendant in a criminal case. Mr. Hingle did not do what he promised and improperly kept Ms. King's money. Page 1 of 5 Form Adopted for Mandatory Use Judicial Councl of California CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Cal. Rules of Court,rules 3.720-3.730 www.couns.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/23/2021 4:39 PM Reviewed By: System System Case #21CV381370 Envelope: 6916334 21CV381370 Santa Clara - Civil System System PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: CM-110 4. b. Provide a brief statement of the case, including any damages. (Ifpersonalinjury damages are sought, specify theinjury and damages claimed, including medical expenses to date [indicate source and amountJ, estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable reliefis sought, describe the nature of the relief) Ms. King seeks return of funds paid and/or damages for misrepresentation, elder abuse and infliction of emotional distress. ~ (If more spaceis needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties request ~x a jury trial ~ a nonjury trial. (If more than one party, provide the name of each party requesting ajury trial): 6. Trial date a. ~ The trial has been set for (date): b. ~x 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): Jan. 25-Feb. 15, 2022 Stanislaus County trial 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~x days (specify number): 5 b ~ hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ~ by the attorney or party listed in the caption a. Attorney: b. Firm: ~ by the following: c. Address: d. Telephone number: f. Fax number: g. Party represented (1) Forpartiesrepresentedbycounsel: Counsel ~x has ~ hasnot providedtheADR information packageidentified in rule 3.221 to the client and reviewed ADR options with the dient. (2) Forself-represented parties: Party ~ has ~ has not reviewedthe ADR information package identifiedin rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1)~ 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)~ 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)~ 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): e. E-mail address:~ Additional representation is described in Attachment 8. 9. Preference ~x This case is entitled to preference (specify code section): CCP 36 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. CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: CM-110 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): (1) Mediation 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'DR stipulation): ~ Mediation session not yet scheduled~ Mediation session scheduled for (date):~ Agreed to complete mediation by (date):~ Mediation completed on (date): (2) Settlement conference ~x 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): ~ ADR session not yet scheduled~ ADR session scheduled for (date):~ Agreed to complete ADR session by (date):~ ADR completed on (date): CM-110 [Rev. Julv 1, 20111 CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: ~ Yes ~ No c. ~ 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.~ Bankruptcy ~ Other (specify): Status: 13. Related cases, consolidation, and coordination a. ~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. ~ A motion to ~ consolidate ~ coordinate will be filed by (name party): 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): 15. Other motions ~x The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motion for preference. 16. Discovery a. ~ The party or parties have completed all discovery. b. ~x The following discovery will be completed by the date specified (describe ail anticipated discovery): Plaintif ~Pa ~Desi:tt tio Fact and contention discovery Deposition discovery 9/2021 10/2021 Date c. ~ 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 4 of 5 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: CM-110 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): 18. Otherissues~ 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. ~ 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: 7/23/2021 Margaret M. Schneck (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] CASE MANAGEMENT STATEMENT Pege 5 of 5 For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form PROOF OF SERVICE King v Hingle, et al. Santa Clara County Superior Court Case No. 21CV381370 I, Margaret M. Schneck, declare: I am over the age of eighteen (18) years and not a party to the within entitled action. I am employed at 80 South Market Street, San Jose, California 95113. I am readily familiar with my office practice for collection and processing of documents for delivery by way of the service indicated below. On July 23, 2021, I served the following document(s): CASE MANAGEMENT STATEMENT on the interested party(ies) in this action as follows: 10 Sidney C. Flores Law Offices of Flores k Bamios 601 North First St. Ste. 200 San Jose, CA 95112 Attorney for Defendant 12 13 14 15 16 17 18 BY MAIL By placing said document(s) in an envelope or package for collection and mailing, addressed to the person(s) at the address(es) listed above, following ordinary business practices. I am readily familiar with the firm's practice for collection and processing of mail. Under that practice, on the same day that mail is placed for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service, in a sealed envelope or package with the postage fully prepaid. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 23, 2021, at San Jose, California. 19 20 21 Margaret . Schneck 22 23 24 25 26 27 28 PROOF OF SERVICE