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  • PENINSULA OPEN SPACE TRUST  vs.  ERNEST J. MCNABB, et al(26) Unlimited Other Real Property document preview
  • PENINSULA OPEN SPACE TRUST  vs.  ERNEST J. MCNABB, et al(26) Unlimited Other Real Property document preview
  • PENINSULA OPEN SPACE TRUST  vs.  ERNEST J. MCNABB, et al(26) Unlimited Other Real Property document preview
  • PENINSULA OPEN SPACE TRUST  vs.  ERNEST J. MCNABB, et al(26) Unlimited Other Real Property document preview
  • PENINSULA OPEN SPACE TRUST  vs.  ERNEST J. MCNABB, et al(26) Unlimited Other Real Property document preview
  • PENINSULA OPEN SPACE TRUST  vs.  ERNEST J. MCNABB, et al(26) Unlimited Other Real Property document preview
  • PENINSULA OPEN SPACE TRUST  vs.  ERNEST J. MCNABB, et al(26) Unlimited Other Real Property document preview
  • PENINSULA OPEN SPACE TRUST  vs.  ERNEST J. MCNABB, et al(26) Unlimited Other Real Property document preview
						
                                

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CM-1 10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Peter A. Kim (SBN 250470) Law Ofce of Peter A. Kim Elmmnilly 3440 Wilshire Blvd. Suite 1208 F|LED Los Angeles CA 90010 Cmufmatau byuperiurCu-wtufC-allfnrnla. DH 12/30/2021 TELEPHONE No.: (213) 387-0800 FAX No. (Optional): E? E-MAIL ADDRESS: peter@pkimlaw.com Dim ail-k ATTORNEY FOR (Name); John and Grace Arata 2004 Trust (Specially appearing for purposes of this case) SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SAN MATEO STREET ADDRESS: 400 County Center MAILING ADDRESS: 400 County Center CITY AND ZIP CODE: Redwood City 94063 ofJustice BRANCH NAME: Southern Court Hall &Records PLAINTIFF/PETITIONER: Peninsula Open Space Trust DEFENDANT/RESPONDENT: Ernest J. McNabb, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: x ZO'C'V'02349 (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January10, 2022 Time: 9:00 AM Dept: 21 Div.: Room: Address of court (if different from the address above): x Notice of Intent to Appear by Telephone, by (name): Peter A. Kim 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): John and Grace Arata 2004 Trust 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): June 3‘2020 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. x 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) x have had a default entered against them (specify names): Louis Arata 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. Type of case in x complaint cross-complaint (Describe, including causes of action): Plaintiff alleges that Defendants have violated and/or are threatening to violate a recorded conservation easement, held by Plaintiff, which protects the conservation values of the 1,312—acre Arata Ranch. The complaint alleges violations of Civil Code Section 815 et seq. Defendants deny the allegations of the complaint. Page1of 5 F°rm“We“ f°r Mammy Use CASE MANAGEMENT STATEMENT Judicial Council of California Cfgigugéizggugd CM-1 1 0 [Rev. September 1, 2021] www.courts.ca.gov CM-1 10 PLAINTIFF/PETITIONER: Peninsula Open Space Trust CASE NUMBER: DEFENDANT/RESPONDENT: Ernest J. McNabb, et al. 20_CIV_02349 4. b. Provide a brief statement of the case, including any damages. (prersonal 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.) Plaintiff, Peninsula Open Space Trust seeks injunctive relief and damages (attorney fees) for an alleged violation of a Conservation Easement. (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. 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. (specify dates and explain reasons for unavailability): Dates on which parties or attorneys will not be available for trial 7. Estimated length of trial The party or parties estimate that the trial wi||take (check one): a. x days (specify number): 2 b. hours (short causes) (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 of the California Rules of Court 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 identied in rule 3.221to the client and reviewed ADR options with the client. (2) For self-represented parties:Party has has not reviewed the ADR information package identied 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 .1 1. (3) x This case of the California Rules of Court or from civil action is exempt from judicial arbitration under rule 3.811 mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. September 1, 2021] Page 2 of5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Peninsula Open Space Trust CASE NUMBER: DEFENDANT/RESPONDENT:Ernest J. McNabb, et al. 20-CIV-02349 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 speciedinformation): The party or parties completing have agreed to If the party or parties completing this form in the case 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 Mediation session scheduled for (date): (1) Mediation x Agreed to complete mediation by (date): Mediation completed on (date): x Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for(date): x conference 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): 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 ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM'WREV- Sep‘embertm“ CASE MANAGEMENT STATEMENT CM-1 10 PLAINTIFF/PETITIONER: Peninsula Open Space Trust CASE NUMBER: DEFENDANT/RESPONDENT: Ernest J. McNabb, et al. 20_CN_02349 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. Coverage issues significantly affect resolution of this case wi|| (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: Arata v. Arata (2) Name of court: San Mateo County Superior Court (3) Case number: CIV531627 (4) Status: Active 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 lea 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 (specify moving party, type of motion, and issues): The party or parties expect to file the following motions before trial The John and Grace Arata 2004 Trust anticipates filing a motion for summary judgment to resolve all issues raised in the complaint. 16. Discovery a. The party or parties have completed all discovery. b. x The following discovery will be completed by the date specied (describe all anticipated discovery): Party Description Date John and Grace Arata 2004 Trust Deposition of Water T. Moore June 1, 2022 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM'WREV- sep‘embertm“ CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Peninsula Open Space Trust CASE NUMBER: DEFENDANT/RESPONDENT: Ernest J. McNabb, et al. 20_CN_02349 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 inCode 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 specicallywhy 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. x 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 (ifnot, 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):0 l am and will be fully prepared to discuss the status of discovery and alternative dispute resolution, completely familiar with this case 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: December 23, 2021 Peter A. Kim (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. IRE“ sep‘ember 1' 2°21] Page 5 of 5 CASE MANAGEMENT STATEMENT For your protection and privacy, please press the Clear This Form button afteryou have Printed the form- I Print this form II Save this form I Clear this form 1 PROOF OF SERVICE 2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 3440 Wilshire Blvd. Ste. 1208, Los Angeles, California 3 90010. 4 On December 30, 2021, I served the following documents on interested parties in this action: 5 Case Management Statement 6 [XX] by placing [ ] the original [XX] a true copy thereof enclosed in a sealed envelope addressed as follows: 7 Benjamin R. Levinson Law Office of Benjamin R. Levinson 8 46 N. 2nd Street Campbell, CA 95008 9 (408) 366-2999 ben@benlevinsonlaw.com 10 David R. Duncan 11 4920 E. La Palma Avenue Anaheim, CA 92807 12 (714) 970-9800 david@bigtoprentals.com 13 Eric Hanson 14 Bishop Law Office 213 West California Street 15 P.O. Box 337 Garfield, WA 99130 16 (509) 685-1551 ehanson@palouse.net 17 Andrew Wiegel 18 Ryan Patrick Andrew Wiegal Law Group 19 414 Gough Street San Francisco, CA 94102 20 (415) 552-8230 Andrew@wiegallawgroup.com 21 ryan@wiegallawgroup.com 22 Louis J. Arata 53 E. Cremetti Lane 23 Yerington, NV 89447 (209) 617-0446 24 Louiejarata@gmail.com 25 Laura Arata Dept. of History 26 101 Social Sciences and Humanities Oklahoma State University 27 Stillwater, OK 74078 larata@okstate.edu 28 -1- PROOF OF SERVICE 1 [XX] BY FIRST CLASS MAIL I deposited such envelope in the mail at Los Angeles, California. The envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with the firm’s 2 practice of collection and processing correspondence for mailing. It is deposited with the United States Postal Service on that same day in the ordinary course of business. I am aware that on motion of party 3 served, services is presumed invalid if postal cancellation date or postage meter date is more thanone (1) day after date of deposit for mailing in affidavit. 4 [ ] (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices of 5 the addressee. 6 [ ] BY FACSIMILE I transmitted the foregoing document by facsimile to the party(s) identified on the attached service list by using the facsimile numbers(s) indicated. Said transmission(s) were verified as 7 complete and without error. I declare that the transmission report was properly issued by the transmitting facsimile machine. 8 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 9 and correct. 10 Executed on December 30, 2020 at Los Angeles, California. 11 12 Eric H. Choi 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- PROOF OF SERVICE