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  • Salvador Espindola vs. James Brooks06 Unlimited - Breach of Contract/Warranty document preview
  • Salvador Espindola vs. James Brooks06 Unlimited - Breach of Contract/Warranty document preview
  • Salvador Espindola vs. James Brooks06 Unlimited - Breach of Contract/Warranty document preview
  • Salvador Espindola vs. James Brooks06 Unlimited - Breach of Contract/Warranty document preview
  • Salvador Espindola vs. James Brooks06 Unlimited - Breach of Contract/Warranty document preview
  • Salvador Espindola vs. James Brooks06 Unlimited - Breach of Contract/Warranty document preview
  • Salvador Espindola vs. James Brooks06 Unlimited - Breach of Contract/Warranty document preview
  • Salvador Espindola vs. James Brooks06 Unlimited - Breach of Contract/Warranty document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Randolf Krbechek SBN 143120 E-FILED Law Offices of Randolf Krbechek 9477 N. Fort Washington Road, Suite 104 8/27/2021 4:33 PM Fresno, CA 93730 Superior Court of California TELEPHONE NO.:(559) 434-4500 FAX NO.(Optional): (559) 434-4554 County of Fresno randy@rk-legal.com E-MAIL ADDRESS (Optional): By: L. Whipple, Deputy Fred Adams, Cliffton Adams, Jr., and Nina Deshay Miller ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno STREET ADDRESS: 1130 "O" Street MAILING ADDRESS: CITY AND ZIP CODE: Fresno, CA 93721 BRANCH NAME: Civil Unlimited PLAINTIFF/PETITIONER: Salvador Espindola and Rosa Espindola DEFENDANT/RESPONDENT: James D. Brooks; Fred Adams; et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): ‰X UNLIMITED CASE ‰ LIMITED CASE 19 CE CG 04138 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Sept. 9, 2021 Time: 3:30 p.m. Dept.: 303 Div.: Room: Address of court (if different from the address above): ‰X Notice of Intent to Appear by Telephone, by (name): Randolf Krbechek 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 submitted by party (name): Fred Adams, Cliffton Adams, Jr., and Nina Deshay Miller b. ‰ 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): 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. 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 of involvement in case, and the 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): The lawsuit concerns a 20-acre parcel located at 20526 S. Garfield Avenue, Riverdale, CA 93656. The property is under a contract for sale to Salvador Espindola and Rosa Espindola as purchasers dated December 5, 2018. The property was sold in "As Is, Where Is" condition. The purchasers have failed and refused to complete the contract of sale and have failed and refused to take possession of the property. Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER:Salvador Espindola and Rosa Espindola CASE NUMBER: 19 CE CG 04138 DEFENDANT/RESPONDENT: James D. Brooks; Fred Adams; 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.) Injunctive Relief and Other Relief to Abate a Public Nuisance and Nuisance per Se; Appointment of a Receiver (see paragraph 13, below). Although the purchase contract is dated December 5, 2018, plaintiffs refuse to complete performance and refuse to take possession of the property. ‰ (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 ‰ a jury trial ‰X a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. ‰ The trial has been set for (date): b. ‰ 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 The party or parties estimate that the trial will take (check one): a. ‰X days (specify number): Three b. ‰ hours (shortcauses) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ‰X by the attorney or party listed in the caption ‰ by the following: a. Attorney: b. Firm: 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): 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 ‰X has ‰ 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 ‰ has ‰ has not reviewed the ADR information package identified in 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 of 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) ‰X 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): Damages exceed $50,000 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER:Salvador Espindola and Rosa Espindola CASE NUMBER: 19 CE CG 04138 DEFENDANT/RESPONDENT: James D. Brooks; Fred Adams; et al. 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): ‰X Mediation session not yet scheduled (1) Mediation ‰X ‰ Mediation session scheduled for (date): ‰ Agreed to complete mediation by (date): ‰ Mediation completed on (date): ‰X Settlement conference not yet scheduled (2) Settlement ‰X ‰ Settlement conference scheduled for (date): conference ‰ Agreed to complete settlement conference by (date): ‰ Settlement conference completed on (date): ‰ Neutral evaluation not yet scheduled (3) Neutral evaluation ‰ ‰ Neutral evaluation scheduled for (date): ‰ Agreed to complete neutral evaluation by (date): ‰ Neutral evaluation completed on (date): ‰ Judicial arbitration not yet scheduled (4) Nonbinding judicial ‰ ‰ Judicial arbitration scheduled for (date): arbitration ‰ Agreed to complete judicial arbitration by (date): ‰ Judicial arbitration completed on (date): ‰ Private arbitration not yet scheduled (5) Binding private ‰ ‰ Private arbitration scheduled for (date): arbitration ‰ Agreed to complete private arbitration by (date): ‰ Private arbitration completed on (date): ‰ ADR session not yet scheduled (6) Other (specify): ‰ ‰ ADR session scheduled for (date): ‰ Agreed to complete ADR session by (date): ‰ ADR completed on (date): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: Salvador Espindola and Rosa Espindola CASE NUMBER: 19 CE CG 04138 DEFENDANT/RESPONDENT: James D. Brooks; Fred Adams; et al. 11. Insurance a. ‰ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: ‰ 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. ‰X There are companion, underlying, or related cases. (1) Name of case: County of Fresno v. Fred Adams (2) Name of court: Fresno Superior Court (3) Case number: 21 CE CG 01116 (4) Status: Next hearing is a case management conference on September 2, 2021. ‰ 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 ‰ 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. ‰X The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants As needed 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 CM-110 PLAINTIFF/PETITIONER: Salvador Espindola and Rosa Espindola CASE NUMBER: 19 CE CG 04138 DEFENDANT/RESPONDENT: James D. Brooks; Fred Adams; et al. 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. Other issues ‰ 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): 1 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: August 27, 2021 (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 Page 5 of 5 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA ) ) ss. 3 COUNTY OF FRESNO ) 4 I am employed in the County of Fresno, State of California. I am over the age of 18 and not a party to the within action; my business address is 9477 N. Fort 5 Washington Road, Suite 104, Fresno, California 93730. 6 On August 27, 2021, I served the foregoing documents(s) described as CASE MANAGEMENT STATEMENT on the interested parties in this action by placing (X) a 7 true copy(ies) or ( ) the original(s) thereof enclosed in a sealed envelope addressed as follows: 8 David J. Weiland, Esq. Paul C. Franco, Esq. 9 Coleman & Horowitt, LLP 7473 N. Ingram Avenue, Ste. 106 499 W. Shaw Avenue, Ste. 116 Fresno, CA 93711 10 Fresno, CA 93704 LAW OFFICES OF RANDOLF KRBECHEK 9477 N. Fort Washington Road, Suite 104 11 Natalie P. Vance, Esq. Klinedinst PC 12 801 “K” Street, Ste. 2100 93730 Sacramento, CA 95814 13 (X) (BY MAIL) I am readily familiar with the firm’s practice of collection and Fresno, California 14 processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon 15 fully prepaid at Fresno, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the 16 postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in this affidavit. 17 ( ) BY FAX: Based on an agreement of the parties to accept service by fax 18 transmission, I faxed the document to the person at the fax number listed above. The telephone number of the sending facsimile machine was (559) 434-4554. 19 The sending facsimile machine issued a transmission report confirming that the transmission was complete and without error. A copy of that report is attached. 20 (X) (STATE) I declare under penalty of perjury under the laws of the State of 21 California that the foregoing is true and correct. 22 Executed on August 27, 2021, at Fresno, California. 23 24 Randolf Krbechek 25 26 27 28 6 ______________________________ Proof of Service