Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Louis R. Chao, State Bar No. 178426
Brian K. Stewart, State Bar No. 126412
COLLINS + COLLINS LLP
790 E. Colorado Boulevard, Suite 600, Pasadena, CA 91101
ELECTRONICALLY FILED
TELEPHONE NO .. (626) 243-1100 FAX NO. (Optional): (626) 243-1111
Superior Court of California
lchao@ccllp.law
E-MAIL ADDRESS (Optional):
County of Santa Barbara
ATTORNEY FOR (Name): JOCK M. SEWALL AIA and J.M. SEWALL & ASSOCIATES Darrel E. Parker, Executive Officer
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA 10/4/2021 4:30 PM
STREET ADDRESS: 1100 Anacapa Street By: Elizabeth Spann, Deputy
MAILING ADDRESS: P.O. Box 21107
CITY AND ZIP CODE: Santa Barbara, 93121-1107
BRANCH NAME: Santa Barbara - Anacapa Division OUTDATED FORM
PLAINTIFF/PETITIONER: THADIAS B. KING
DEFENDANTIRESPONDEN~ J.M. SEWALL & ASSOCIATES
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): •X UNLIMITED CASE
(Amount demanded
O LIMITED CASE
(Amount demanded is $25,000
21CV00598
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 10/18/21 Time: 8:30 a.m. Dept: SB5 Div.: Room:
Address of court (if different from the address above):
DX Notice of Intent to Appear by Telephone, by (name): Louis R. Chao
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. D This statement is submitted by party (name):
b. Dx This statement is submitted jointly by parties (names):
JOCK M. SEWALL AIA and J.M. SEWALL & ASSOCIATES
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. D The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. D 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 DX complaint D cross-complaint (Describe, including causes of action):
Plaintiffs' filed their complaint for professional negligence and negligent misrepresentation.
Page1 of5
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
Westlaw Doc & Form Builder-
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: THADIAS B. KING
21CV00598
DEFENDANT/RESPONDENT: J.M. SEWALL & ASSOCIATES
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.)
Defendants were retained by plaintiff for architecture and planning services for an ADU adjacent to their residential property. Plaintiffs claim that Defendants
failed to generate proper documentation to avoid the construction of an improvement onto the neighbors’ easement. Plaintiffs were notified of a potential
problem with the construction and, instead of stopping, elected to go forward and pour the concrete, which caused the revocation of the building permit.
Plaintiffs were aware of the prior survey for their property that showed the correct property line but failed to provide them to Defendants. Defendants deny
liability at this time.
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 DX 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. D X 12 months of the date of the filing of the complaint (if
No trial date has been set. This case will be ready for trial within
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
See attached.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. DX days (specify number): 7 days
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trialDX 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: g. Party represented:
D Additional representation is described in Attachment 8.
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 D 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] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: THADIAS B. KING CASE NUMBER:
DEFENDANT/RESPONDENT: J.M. SEWALL & ASSOCIATES 21CV00598
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):
DX Mediation session not yet scheduled
DX D Mediation session scheduled for (date):
(1) Mediation
D Agreed to complete mediation by (date):
D Mediation completed on (date):
DX Settlement conference not yet scheduled
(2) Settlement DX 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) Non binding 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
DX D ADR session scheduled for (date):
(6) Other (specify):
D Agreed to complete ADR session by (date):
8/19/21 through CMADDRES
DX ADR completed on (date):
with Ann Anderson
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CASE NUMBER:
PLAINTIFF/PETITIONER:THADIAS B. KING
21CV00598
DEFENDANTIRESPONDEN~J.M. SEWALL & ASSOCIATES
11. Insurance
a. DX Aspen American Inc. Co.
Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: DX Yes D No
c. D 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.
D Bankruptcy D Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
( 1)Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
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
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
D The party or parties expect to file the following motions before trial
(specify moving party, type of motion, and issues):
16. Discovery
a. D The party or parties have completed all discovery.
b. DX The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
JOCK M. SEWALL AIA and Written discovery January 2022
J.M. SEWALL & ASSOCIATES Depositions of percipient witnesses February 2022
Expert discovery and depositions Per Code
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: THADIAS B. KING CASE NUMBER:
21CV00598
DEFENDANTIRESPONDEN~ J.M. SEWALL & ASSOCIATES
17. Economic litigation
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 X The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
Counsel for Defendants will attempt to meet and confer prior to the case management
of Court (if not, explain):
conference.
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
----
1am 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: October 4, 2021
-
SR . C HAO
/?~
Louis R. Chao
(TYPE OR PRINT NAME) • (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) • (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
CM-110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
KING, et al. v. J.M. SEWALL & ASSOCIATES, et al.
SBSC Case No.: 21CV00598
Attachment 6c. Trial Dates
10/4/21; 10/06/21; 10/25/21; 11/15/21; 12/01/21; 12/9/21; 01/05/22; 01/10/22; 1/11/22; 1/18/22;
1/24/22; 02/07/22; 02/14/22; 02/28/22; 03/01/22; 03/07/22; 03/28/22; 04/01/22; 04/04/22; 04/11/22;
04/19/22; 04/26/22; 05/04/22; 05/23/22; 05/24/22; 05/31/22; 06/13/22; 06/17/22; 07/01/22;
08/01/22; 08/08/22; 09/12/22; 09/19/2; 09/20/22; 10/12/22; 10/18/22; 10/28/22; 11/07/22; 11/29/22;
12/05/22; 01/09/23
1 PROOF OF SERVICE
(CCP §§ 1013(a) and 2015.5; FRCP 5)
2 State of California, )
) ss.
County of Los Angeles. )
3
I am employed in the County of Los Angeles.
I am over the age of 18 and not a party to the within action. My business address
4 is 790 E. Colorado Boulevard, Suite 600, Pasadena, California 91101.
5 On this date, I served the foregoing document described as CASE MANAGEMENT STATEMENT on the interested parties in
this action by placing same in a sealed envelope, addressed as follows:
6
7
• (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Pasadena, California
to be served on the parties as indicated above. I am “readily familiar” with the firm’s practice of collection and processing correspondence
8 for mailing.
Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid
at Pasadena, California in the ordinary course of business.
I am aware that on motion of the party served, service is presumed invalid if
9 postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.
10
(BY CERTIFIED MAIL) – I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested
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• to be placed in the United States Mail in Pasadena, California.
12 • BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY
~ (BY ELECTRONIC FILING AND/OR SERVICE) – I served a true copy, with all exhibits, electronically on designated recipients
13 listed above.
14
FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with
• delivery fees provided for.
15
16
• (BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimile
number(s) indicated above and the activity report(s) generated by facsimile number (626) 243-1111 indicated all pages were transmitted.
17
(BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s).
•
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Executed on October 4, 2021at Pasadena, California.
19 (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
•X
20 (FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
•
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Sara Mazzeo
22 smazzeo@ccllp.law
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COLLINS COLLINS ,.. FILE #21870
790 E. Colorado Blvd., Suite
600 1
Pasadena, CA 91101
Phone (626) 243-1100
Fax (626) 243-1111
PROOF OF SERVICE
1 JOCK M. SEWALL AIA and J.M. SEWALL & ASSOCIATES
Case No. 21CV00598
2 21870
SERVICE LIST
3
4 Jordan T. Porter, Esq.
NYE, STIRLING, HALE & MILLER, LLP
5 33 West Mission Street, Suite 201
Santa Barbara, California 93101
(805) 963-2345 - Facsimile: (805) 284-9590
6 jordan@nshmlaw.com
marisol@nshmlaw.com
7 ATTORNEY FOR PLAINTIFFS THADIAS B. KING
AND TERRI S. KING, INDIVIDUALLY and as
8 TRUSTEES OF THE KING FAMILY TRUST
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COLLINS COLLINS ,.. FILE #21870
790 E. Colorado Blvd., Suite
600 2
Pasadena, CA 91101
Phone (626) 243-1100
Fax (626) 243-1111
PROOF OF SERVICE