case management statement

Cal. Super. - 1st Dist.August 3, 2020

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (N8111i1, State Bar number, and addressr.r7881 FOR COURT USE OHL Y Richard L. Reynolds, Esq. /Leela V. Menon, Esq. (SBN 195435) BENNETT, SAMUELSEN, REYNOLDS, et al. 1301 Marina Village Parkway, Suite 300, Alameda, CA 94501 TELEPHONE NO.: 510-444-7688 FAX NO. {Opllonal): 51 0-444-5948 E-MAIL ADDRESS (Optional): rreynolds@bsralaw.com ATTORNEY FOR (Name): Defendant TRACEY RAMIREZ SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO sTREET ADDREss, 400 McAllister Street MAILING ADDRESS: cIrv AND zIP coDE: San Francisco, CA 94102 BRANCH NAME: Civic Center PLAINTIFF/PETITIONER: ALFREDO ENERSTO ABARCA, et al. DEFENDANT/RESPONDENT: TRACEY RAMIREZ CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): 0 UNLIMITED CASE D LIMITED CASE CGC-18-572060 (Amount demanded (Amount demanded Is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 18, 2019 Time: 10:30 Dept.: 610 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. 0 This statement is submitted by party (name): Defendant Tracey Ramirez b. D This statement is submitted jolntly by parties (names) : 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): December 13, 2018 b. 0 The cross-complaint, if any, was filed on (date) : June 17, 2019 3. Service (to be answered by plaintiffs and cross-complainants only) a. 0 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 date by which they may be served): 4. Description of case a. Type of case in 0 complaint Landlord-Tenant. Form Adopled for Mandatory Use Judicial Council of California CM-110 (Rev. July 1, 2011] D cross-complaint (Describe, including causes of action): CASE MANAGEMENT STATEMENT Pae1of5 Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 11/25/2019 Clerk of the Court BY: EDWARD SANTOS Deputy Clerk CM-110 PLAINTIFF/PETITIONER: ALFREDO ENERSTO ABARCA, et al. CASE NUMBER: DEFENDANT/RESPONDENT: TRACEY RAMIREZ CGC-18-572060 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 claim to be former tenants at the premises 1010 Hollister Ave., S.F. They sued property owner Tracey Ramirez and her two adult children for tenant harrassment, negligence and breach of lease covenants. 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 (date): b. 0 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): 2-18-20; 3-16-20; 3-23-20; 5-1-20; 5-18-20; 6-19-20; 7-6-20 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. 0 days (specify number): 7-10 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) 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 6 CM-110 PLAINTIFF/PETITIONER: ALFREDO ENERSTO ABARCA, et al. CASE NUMBER: DEFENDANT/RESPONDENT: TRACEY RAMIREZ CGC-18-572060 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 parties' ADR processes (check all that apply): stipulation): D Mediation session not yet scheduled IZ] D Mediation session scheduled for (date): (1) Mediation D Agreed to complete mediation by (date): 0 Mediation completed on (date): November 11, 2019 D Settlement conference not yet scheduled (2) Settlement D 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 of 5 PLAINTIFF/PETITIONER: ALFREDO ENERSTO ABARCA, et al. CASE NUMBER: - DEFENDANT/RESPONDENT: TRACEY RAMIREZ CGC-18-572060 11. Insurance a. 0 Insurance carrier, if any, for party filing this statement (name): Safeco Insurance Company of America b. Reservation of rights: 0 Yes D No c. 0 Coverage issues will significantly affect resolution of this case (explain): Standard carrier reservation on landlord-tenant dispute. 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. 0 Bankruptcy D Other (specify): Status: Potential only. 13. Related cases, consolidation, and coordination a. w There are companion, underlying, or related cases. ( 1) Name of case: Jose Morales, et al. v. Tracey Ramirez, et al. (2) Name of court: San Francisco Superior Court (3) Case number: CGC-19-573731 (4) Status: Settled. 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 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 0 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues) : Standard motions in limine. 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 Defendant Defendant Defendant Written Discovery Deposition4/3 Expert Discovery 3/30/2020 4/30/2020 PerCCP 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 Page4 of 5 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 17. Economic litigation ALFREDO ENERSTO ABARCA, et al. TRACEY RAMIREZ CM-110 CASE NUMBER: CGC-18-572060 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. D 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: November 25, 2019 Leela V. Menon, Esq. (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) CM-11 0 (Rev. July 1. 2011 ) ► (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CASE MANAGEMENT STATEMENT Page 5 of 5 1 2 3 Case Name: Court: PROOF OF SERVICE ABARCA, et al. v. RAMIREZ, et al. San Francisco Superior Court Case No. CGC-18-572060 4 I am a citizen of the United States, over the age of 18 years and not a party to the cause herein. I am readily familiar with the standard business practices of this office in 5 connection with the mailing, delivering (via messenger and overnight), facsimileing and e-file/serve via LexisNexis of documents from this office. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 On November 25, 2019, I served the following document(s) by the method indicated below: • CASE MANAGEMENT STATEMENT ~ BY MAIL - by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Alameda, California addressed as set forth below: ATTORNEY FOR PLAINTIFFS ATTORNEY FOR DEFENDANTS Alfredo Abarca, Basilio Fastini, Ignacio DIONICIO RAMIREZ, DANAE RAMIREZ Soto, Agusto Canted, and Juan Ochoa Daniel W. Wayne, Esq. Jason N. Wolford, Esq. WOLFORD WAYNE LLP 220 Montgomery St., Suite 1100 San Francisco, CA 94104 T: 415.649.6203 F: 415-649.6739 daniel@wolford-wayne.com jason@wolford-wayne.com John R. Brydon, Esq. Vicky W. Chan, Esq. DEMLER, ARMSTRONG & ROWLAND, LLP 601 California St., Suite 704 San Francisco, CA 94108 T 415.949.1900 F: 415.354.8330 bry@darlaw.com cha@darlaw.com I declare under penalty of perjury under the laws of the State of California that 21 the above is true and correct. Executed on November 25, 19, at Alameda, California. 22 23 24 25 26 27 28 CAROL PINELL -1- AMENDED PROOF OF SERVICE