Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address).
Russell Brown (SBN 297991) FOR COURT USE ONLY
924 Anacapa Street, Suite 1-T
Santa Barbara, CA 93101
TELEPHONE NO.: (805) 635-7766 FAX NO. (Optional)
E-MAIL ADDRESS (Optional): rablaw805@gmail.com
ATTORNEY FOR (Name): Michelle Sell
[SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS: 1100 Anacapa Street
CITY AND ZIP CODE: Santa Barbara, CA 93101
BRANCH NAME: Anacapa
PLAINTIFF/PETITIONER: | Tine F. Sloan & Michael Corrigan
DEFENDANT/RESPONDENT: Michelle Sell
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one): UNLIMITED CASE [] uimtep case 20CV01530
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 5/13/22 Time: 8:30 a.m. Dept.: 4 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. [+] This statement is submitted by party (name): Defendant
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. [3] 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 date by which
they may be served):
4. Description of case
a. Typeofcasein [-*] complaint [] cross-complaint (Describe, including causes of action):
Plaintiffs’ action lacks any merit and is meant to harass Defendant. Plaintiffs have a long-going fued against Defendant's
boyfriend (Patronyk) and have two pending lawsuits againts Patronyk. Plaintiffs allege their open backyard is private despite
well established that law that holds a backyard in view of a public area does not have a reasonable expectation of privacy.
Page 1 of 5
Fon Adoptd for Mandatory Use Cal Rules of Coun
Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730
Cut 10 [Rev July 1, 2017] vn courts. c2.g07CM-110
PLAINTIFF/PETITIONER: Michael Corrigan CASE NUMBER:
DEFENDANT/RESPONDENT: Michelle Sell
21CV01530
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 allege their open backyard is private despite well established that law that holds a backyard in view of a public area is
does not hava a reasonable expectation of privacy. Plaintiffs admit they have a long-going fued against Defendant's boyfriend
(Gregg Pagtronyk). Plaintiffs have two lawsuits pending against Patronyk. Plaintiffs have brought this action as a means to
harass Defendant and Patronyk.
[_] (/f more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
a. The party or parties request [_* ] a jury trial [_] a nonjury trial. (/f 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. [3] 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. [_*_] days (specify number): 1
b. [-_] hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [9 ] 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
[J 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 [—_] has [___] hasnot 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 [7] 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 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):
CMETO Rev. duly 4,204] CASE MANAGEMENT STATEMENT Page 2 ofSCM-110
PLAINTIFF/PETITIONER: _ Tine F. Sloan and Michael Corrigan CASE NUMBER:
DEFENDANT/RESPONDENT: Michelle Sell 21CV01530
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):
[_] Mediation session not yet scheduled
[_] Mediation session scheduled for (date):
[_ Agreed to complete mediation by (date):
[_] Mediation completed on (date):
(1) Mediation |
[_] Settlement conference not yet scheduled
(2) Settlement [J Settlement conference scheduled for (date):
conference [J Agreed to complete settlement conference by (date):
[_} Settlement conference completed on (date):
[_] Neutral evaluation not yet scheduled
[_] Neutral evaluation scheduled for (date):
(3) Neutral evaluation |
[_] Agreed to complete neutral evaluation by (date):
[J Neutral evaluation completed on (date):
[J Judicial arbitration not yet scheduled
(4) Nonbinding judicial CI [J Judicial arbitration scheduled for (date):
arbitration [_] Agreed to complete judicial arbitration by (date):
[-] Judicial arbitration completed on (date):
[J Private arbitration not yet scheduled
(5) Binding private CE) [J Private arbitration scheduled for (date):
arbitration [_] Agreed to complete private arbitration by (date):
[| Private arbitration completed on (date):
[J ADR session not yet scheduled
[J ADR session scheduled for (date):
[_] Agreed to complete ADR session by (date):
[J ADR completed on (date):
(6) Other (specify): |
(CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 3 ofSCM-110
PLAINTIFF/PETITIONER: — Tine F. Sloan and Michael Corrigan CASE NUMBER
DEFENDANT/RESPONDENT: Michelle Sell
21CV01530
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.
[J 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. [__] Amotion to [_) consolidate [J coordinate will be filed by (name party):
14. Bifurcation
[J 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
[4] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendant - motion for summary judgment/adjudication
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):
Party. Description 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 5CM-110
PLAINTIFF/PETITIONER: _ Tine F. Sloan and Michael Corrigan CASE NUMBER:
21CV01530
DEFENDANT/RESPONDENT: Michelle Sell
17. Economic
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):
| 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: April 29, 2022 |
Russell Brown 1
I
(TYPE OR PRINT NAME) (SIGNATURE OF BARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[J Additional signatures are attached.
(CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 5 ofS
For your protection and privacy, please press the ClearPROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA
lam employed in the county of Santa Barbara, State of California. I am over
the age of 18 and not a party to the within action; my business address is 924
Anacapa Street, Suite 1-T, Santa Barbara, California, 93101.
On April 29,2022, | served the foregoing document described as CASE
MANAGEMENT CONFERENCE STATEMENT in this action, by placing a true copy
thereof in a sealed envelope addressed as follows:
Austin Payne
Griffith & Thornburgh, LLP
8 E. Figueroa Street, Suite 300
Santa Barbara, CA 93101
payne@g-tlaw.com
___X_ (BY E-MAIL) I caused an electronic copy to be sent to: payne@g-
tlaw.com
_____ (BY PERSONAL SERVICE) I delivered such envelope by hand to the
offices of the addressee.
_____ (BY FACSIMILE) I caused the contents of such envelope to be
delivered by FAX to the addressee(s) at acknowledgment of]
receipt was received.
Executed on April 29,2022 at Redondo Beach , California.
I declare under penalty of perjury under the laws of the S:
e€ 0
that the above is true and correct.
Russell Brown
2
PROOF OF SERVICE
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address). Russell Brown (SBN 297991) FOR COURT USE ONLY 924 Anacapa Street, Suite 1-T Santa Barbara, CA 93101 TELEPHONE NO.: (805) 635-7766 FAX NO. (Optional) E-MAIL ADDRESS (Optional): rablaw805@gmail.com ATTORNEY FOR (Name): Michelle Sell [SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: 1100 Anacapa Street CITY AND ZIP CODE: Santa Barbara, CA 93101 BRANCH NAME: Anacapa PLAINTIFF/PETITIONER: | Tine F. Sloan & Michael Corrigan DEFENDANT/RESPONDENT: Michelle Sell CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE [] uimtep case 20CV01530 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 5/13/22 Time: 8:30 a.m. Dept.: 4 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. [+] This statement is submitted by party (name): Defendant 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. [3] 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 date by which they may be served): 4. Description of case a. Typeofcasein [-*] complaint [] cross-complaint (Describe, including causes of action): Plaintiffs’ action lacks any merit and is meant to harass Defendant. Plaintiffs have a long-going fued against Defendant's boyfriend (Patronyk) and have two pending lawsuits againts Patronyk. Plaintiffs allege their open backyard is private despite well established that law that holds a backyard in view of a public area does not have a reasonable expectation of privacy. Page 1 of 5 Fon Adoptd for Mandatory Use Cal Rules of Coun Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730 Cut 10 [Rev July 1, 2017] vn courts. c2.g07CM-110 PLAINTIFF/PETITIONER: Michael Corrigan CASE NUMBER: DEFENDANT/RESPONDENT: Michelle Sell 21CV01530 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 allege their open backyard is private despite well established that law that holds a backyard in view of a public area is does not hava a reasonable expectation of privacy. Plaintiffs admit they have a long-going fued against Defendant's boyfriend (Gregg Pagtronyk). Plaintiffs have two lawsuits pending against Patronyk. Plaintiffs have brought this action as a means to harass Defendant and Patronyk. [_] (/f more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties request [_* ] a jury trial [_] a nonjury trial. (/f 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. [3] 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. [_*_] days (specify number): 1 b. [-_] hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [9 ] 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 [J 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 [—_] has [___] hasnot 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 [7] 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 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): CMETO Rev. duly 4,204] CASE MANAGEMENT STATEMENT Page 2 ofSCM-110 PLAINTIFF/PETITIONER: _ Tine F. Sloan and Michael Corrigan CASE NUMBER: DEFENDANT/RESPONDENT: Michelle Sell 21CV01530 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): [_] Mediation session not yet scheduled [_] Mediation session scheduled for (date): [_ Agreed to complete mediation by (date): [_] Mediation completed on (date): (1) Mediation | [_] Settlement conference not yet scheduled (2) Settlement [J Settlement conference scheduled for (date): conference [J Agreed to complete settlement conference by (date): [_} Settlement conference completed on (date): [_] Neutral evaluation not yet scheduled [_] Neutral evaluation scheduled for (date): (3) Neutral evaluation | [_] Agreed to complete neutral evaluation by (date): [J Neutral evaluation completed on (date): [J Judicial arbitration not yet scheduled (4) Nonbinding judicial CI [J Judicial arbitration scheduled for (date): arbitration [_] Agreed to complete judicial arbitration by (date): [-] Judicial arbitration completed on (date): [J Private arbitration not yet scheduled (5) Binding private CE) [J Private arbitration scheduled for (date): arbitration [_] Agreed to complete private arbitration by (date): [| Private arbitration completed on (date): [J ADR session not yet scheduled [J ADR session scheduled for (date): [_] Agreed to complete ADR session by (date): [J ADR completed on (date): (6) Other (specify): | (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 ofSCM-110 PLAINTIFF/PETITIONER: — Tine F. Sloan and Michael Corrigan CASE NUMBER DEFENDANT/RESPONDENT: Michelle Sell 21CV01530 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. [J 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. [__] Amotion to [_) consolidate [J coordinate will be filed by (name party): 14. Bifurcation [J 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 [4] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant - motion for summary judgment/adjudication 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): Party. Description 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 5CM-110 PLAINTIFF/PETITIONER: _ Tine F. Sloan and Michael Corrigan CASE NUMBER: 21CV01530 DEFENDANT/RESPONDENT: Michelle Sell 17. Economic 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): | 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: April 29, 2022 | Russell Brown 1 I (TYPE OR PRINT NAME) (SIGNATURE OF BARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [J Additional signatures are attached. (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 ofS For your protection and privacy, please press the ClearPROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA lam employed in the county of Santa Barbara, State of California. I am over the age of 18 and not a party to the within action; my business address is 924 Anacapa Street, Suite 1-T, Santa Barbara, California, 93101. On April 29,2022, | served the foregoing document described as CASE MANAGEMENT CONFERENCE STATEMENT in this action, by placing a true copy thereof in a sealed envelope addressed as follows: Austin Payne Griffith & Thornburgh, LLP 8 E. Figueroa Street, Suite 300 Santa Barbara, CA 93101 payne@g-tlaw.com ___X_ (BY E-MAIL) I caused an electronic copy to be sent to: payne@g- tlaw.com _____ (BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee. _____ (BY FACSIMILE) I caused the contents of such envelope to be delivered by FAX to the addressee(s) at acknowledgment of] receipt was received. Executed on April 29,2022 at Redondo Beach , California. I declare under penalty of perjury under the laws of the S: e€ 0 that the above is true and correct. Russell Brown 2 PROOF OF SERVICE