ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Sar number and address)
FOR COURT USE ONL 7
Alex P. Katofsky, Esq. SBN: 202754
GAINES & GAINES E-FILED
4550 East Thousand Oaks Boulevard, Suite 100 6/27/2022 11:24 AM
Nestlake Village, CA 91352 Superior Court of California
TELEPHONENO 818-703-8985 FAX No (Optronal) 818-703-8 984
County of Fresno
By: L. Whipple, Deputy
E MAIL ADDREss carol eg gai Desi affirm. corn
ATTDRNEYFDR (Name) plaintif f, Germaine Tanner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
sTREmADDREss 1130 0 Street
MAILING 1130 0 Street
BRANGHNAME B,.F. sisk courthouse
PLAINTIFF/PETITIONER:Germaine Tanner Sr.
DEFENDANT/RESPONDENT:American Tire Drstributors, Inc., et al.
CASE MANAGEMENT STATEMENT
(Check one): DU UNLIMITED CASE
~ LIMITED CASE
(Amount demanded is $ 25,000
exceeds $ 25,000) orless)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date( Iuly 13, 2022 Time:3:27 P.m. Dept.:403 Div . Room
Address of court (if different from the address above):
~x Noticeof intent toAppear by Telephone, by (name)(Evan s. Gaines, Esq.
INSTRUCTIONS: All applicable boxes must be checked„and the specified information must be provided.
Party or parties (answer one).
~ This statement is submitted by party (name): plaintr f f
This statement is submitted jointly by parties(names):
Germaine Tanner sr .
2. Complaint and crossa:omplaint (lo be answered by plaintiffs and cross-comp/a/nants only)
a. Thecomplaintwasfiledon(da/e):March 8, 2022
b. ~ The cross-complaint, if any, was 5led on (date):
Service (lo be answered by p/a/nt/ffs and cross-comp/ainan/s only)
~ Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
The following parties named in the complaint or cross-complaint
(1) ~ have not been served(spec/fy names and exp/ain why not):
(2) ~ have been served but have not appeared and have not been dismissed (speclfy names):
(3) ~ have had a defau/t entered against them (spec/fy names):
c. ~ The following additional parties may be added (spec/fy names, nature of invo/vement m case,
they may be served):
and date by which
4. Description of case
a. Type of case in ~X complaint ~ cross-complaint (Describe, including causes of action): Representatwe
action complaint for penalties pursuant to Labor Code $ 2699(f) for violations of Labor Code
H 226(a),(e), 226.3, 226.7; IWC Wage
Order 9-2001, 510, 512, 558, 1194 AND 1194.2, Business and Professions Code 5 17200
Page I ol 0
Form Adopled for Mandatery use Cal Rules ol Court,
iudroral Counut of Cafdorma
CASE MANAGEII/IENT STATEMENT rules 3 720-3 730
CM.1 10 [Rev Sepl*mber 1. 2021] Ir'I'suris ea gov
PLAINTIFFIPETITIONER: Germaine Tanner Sr. CASERUMSER
American Tire Distributor 0,
b. Provide a brief statement of the case, including any damages. (If personal injury damages are sough(, specify Ihe injury and
damages claimed, including medical expenses Io date (Indicate source and amount), eslimaled future medical expenses, (osl
earnings lo dale,and estimated future losl earning. If equllable reliefis sought, describe the nature ofthe re/ief)
Plaintiff on behalf of himself and all aggrieved employees, seeks an award of penalties,
attorney's fees and costs in an amount to be determined at trial.
~ (If more space is needed, check this box and alrach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request ~X
requesting a jury trial):
a jury trial ~ a nonjury tnal. ((f more than one party, provide the name of each party
~ The trial has been set for(dale).
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
c. Dates on which parties or attorneys will not be available for trial (specify dates and exp/ain reasons for unavailability):
Estimated length of trial
The party or parties estimate that the trial
willtake (check one).
QQ days (specify number):
hours (short causes) (specify).
Trial representation (lo be answered for each party)
The party or parties will be represented at trial
~X by the attorney or party hated in the caption ~ by the following
d. Telephone number: f. Fax number.
~ Party represented.
Additional representation is described in Attachment 8.
~ 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)Forpartiesrepresentedbycounsel: Counsel ~ has ~ hasnot providedtheADRinformationpackageidentified
in rule 3.221 to
Forself-representedparties. Party ~ has ~
the client and reviewed ADR options with the client.
Referral to judicial arbitration or civil action mediation (if available).
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
(2)~ statutory limit.
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount speafied in Code of
(3)~ Civil Procedure section 1141.11.
This case is exempt from judicial arbitration under rule 3.811
mediation under Code of Civil Procedure section 1775 et seq.
of the California Rules of Court or from civil action
CM-110 IRev September
1, Res e 2 er 0
CASE MANAGEMENT STATEMENT
PLAINTIFF/PETITIONER:Germaine Tanner Sr. CASE NUMBER
10. c, Indicate the ADR process or processes that the party or parttes are willing
to participate in, have agreed to participate
have already participated in (check all that apply and provide the specified informalion).
The party or parties completing If the party or parties completing this form m the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
partimpate in the following ADR indicate the status of the processes (atlach a copy of the parties'DR
processes (check all thai apply): stipulation):
~ Mediation session not yet scheduled
Mediation session scheduled for
Agreed to complete mediation by (dale).
Mediation completed on (dale):
Settlement conference not yet scheduled
Settlement conference scheduled for (dale):
Agreed to complete settlement conference by(date).
~ Settlement conference completed on(date):
~ Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (daie).
(3) Neutral evaluation
Agreed to complete neutral evaluation by
Neutral evaluation completed on (dale).
~ Judicial arbitration not yet scheduled
Judicial arbitration scheduled for
(4) Nonbinding judicial
Agreed to complete judicial arbitration by
Judicial arbitration completed on (dalai:
~ Private arbitration not yet scheduled
Private arbitration scheduled for(dale):
(5) Bindmg pnvate
~ Agreed to complete private arbitration by
Pnvate arbitration completed on (dale).
~ ADR session not yet scheduled
ADR session scheduled for (date).
(6) Other (specify):
Agreed to complete ADR session by (dale):
ADR completed on (dale):
CM.110 [Rev September 1, 2021] Pageaefa
CASE MANAGEMENT STATEMENT
PLAINTIFF/PETITIONEPUGermaine Tanner Sr. CASE NUMBER
DEFENDANT/REGPONDENTihmerican Tire Distributors, Inc., et al. 22CECG00735
~ Insurance earner,
Reservatton of rights ~
ifany, for party ftling this statement (name).
Yes ~ No
c. ~ Coverage issues will significantly affect resolution of this case
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
13. Related cases, consolidation, and coordination
a. ~X There are companion, underlying, or related cases.
(1) Name of case. Martinez v. American Tire Distributors, Inc., et al.
(2) Name of court; San aernardrno superior court
(3) Case numbergivsa2133306
Additional cases are described in Attachment 13a.
b. ~ A motion to
Nay 16, 2022.
~ consolidate ~ coordinate willbe filed by(name party): Defendant filed on
~ The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (spec/fy moving party, type of motion,and reasons):
15. Other motions
~x The party or parties expect to file the following motions before trial
(spec/fy moving party, type of motion, and issues)
1. Motion for summary Iudgment or, in the alternative, summary adjudication.
2. Notion for class certification.
The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe a/I anticipated discovery)
~arsy Descriotion Date
Plaintiff Discovery Per Code
Plaintiff Deposrtions (s) of PMK Per Code
Plaintiff Expert Discovery Per Code
c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
CM-110 [Rev September 1. 20211 pepee et 0
CASE MANAGEMENT STATEMENT
PLAINTIFF(PETITIONER: Germaine Tanner Sr. CASE NUMBER
DEFENDANT/RESPONDENT:American Tire Distributors, Inc., 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
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, exp/ain specificaiiy why economic iiligation procedures relating fo discovery or tnai
should not app/y lo this case)
~ The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): Defendant filed a demurrer to abate Plaintiff 's Action. The hearing is set
for October 26, 2022.
19. Meet and confer
a. ~ The party or parties have met and conferred with all parties on all sublects required by rule 3.724 of the California Rules
of Court((foal, explain):The parties will meet and confer Prior to the case management
b. ~ After meeting and conferring as required by rule 3 724 of the California Rules of Court, the parties agree on the following
(5 peci fy):
20. Total number of pages attached (if any): I
Iam completely familiar with this case and vnli 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 inta stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date(June 27, 2022
Alex P. Katofsky, Esq.
(TYPE OR PRINT NAME7 (SIGNAURE OF PARTY OR ATTORNEY(
(TYPE OR PRINT NAMEI
(SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
cM-110 (Ree sePtember
1. 2021( Pege5515
CASE MANAGEMENT STATEMENT
PROOF OF SERVICE AND CERTIFICATION
I am employed in the County of Ventura, State of California. I am over the age of 18 and nota party to the
within action. My business address is 4550 E. Thousand Oaks Boulevard, Suite 100, Westlake Village, CA 91562.
(For messenger) my business address is;
On June 27, 2022, I served the foregoing document described as CASE MANAGEMENT STATEMENT on
5 the interested parties in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows:
Brian J. Mankin, Esq.
Peter J. Carlson, Esq.
LAUBY, MANKIN & LAUBY LLP
4590 Allstate Drive
Riverside, CA 92501
Attorneys for Plaintiff Rafael Martinez
Matthew E. Farmer, Esq.
Nelly Chavez, Esq.
10 Jennifer Drudge, Esq.
LITTLER MENDELSON P.C.
18565 Jamboree Rd, Suite 800
Irvine, CA 92612
12 Attorneys for Defendant American Tire Distributors, lnc.
13 On the above date:
14 X (BYzcU.S. MAIL/ BYct CERTIFIED MAIL, RETURN RECEIPT REQUESTED) The sealed envelope was
mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing
15 correspondence for mailing. It is deposited with United States postal service on that same day in the ordinary course of
business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage
16 meter date is more that one day after date of deposit for mailing in affidavit.
17 (BY FEDERAL EXPRESS OR OTHER OVERNIGHT SERVICE) I deposited the sealed envelope in a box or
other facility regularly maintained by the express service carrier or delivered the sealed envelope to an authorized
carrier or driver authorized by the express carrier to receive documents.
(BY ELECTRONIC SERVICE) The above-stated document was served by electronic transmission via email
on the counsel of record listed above.
20 I certify that the above document was printed on recycled paper.
21 I declare under penalty of perjury that the foregoing is true and correct.
22 Executed on June 27, 2022, at Westlake Village, California.
24 WENDY ~M
PROOF OF SERVICE