Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
William E. Camy, SBN 291397; Nicholas A. Pancharian, SBN 335329
PORTER SCOTT, APC
350 University Avenue, Suite 200
Sacramento, California 95825
TELEPHONE NO.:916-929-1481 FAX NO. (Optional): 916-927-3706
wcamy@porterscott.com; npancharian@porterscott.com
E-MAIL ADDRESS:
Defendant/Cross-Complainant Wasco Recreation & Park District
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS:1215 Truxtun Avenue
MAILING ADDRESS:
Bakersfield, 93301
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER: Tyna Powell
DEFENDANT/RESPONDENT: Wasco Recreation & Park District, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE BCV-22-100328
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 11, 2022 Time: 8:30 Dept.: H Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Nicholas Pancharian
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): Wasco Recreation and Parks District
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): April 19, 2022
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):
Wasco Tiger Sharks Swim Club and HDI Global Specialty SE
(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. Type of case in complaint cross-complaint (Describe, including causes of action):
Complaint for general negligence, premises liability and dangerous condition of public property.
Cross-Complaint for
indemnification, apportionment of fault, declaratory relief and breach of contract.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Tyna Powell CASE NUMBER:
DEFENDANT/RESPONDENT: Wasco Recreation & Park District, et al. BCV-22-100328
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.)
Plaintiff alleges she sustained personal injuries when she tripped and fell at Barker Pool Park in Wasco. Plaintiff was attending
a swim meet hosted by Cross-Defendant Wasco Tiger Sharks Swim Club, who had rented the facilities from Defendant / Cross-
Complainant WRPD. Cross-Defendant Wasco Tiger Sharks Swim Club is insured by Cross-Defendant HDI Global Specialty
SE. Cross-Defendants owe a duty to defend and indemnify Defendant / Cross-Complainant WRPD.
(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 triaI 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. (if
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
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
1/9/23; 1/23/23; 2/7/23-2/10/23; 3/13/23; 3/20/23; 4/3/23; 4/10/23, 4/11/23; 4/17/23; 04/24/23; 6/5/23 - 6/16/23; 6/19/23;
7/17/23; 8/1-9/23; 8/14/23; 8/28/23; 10/9/2023; 11/14/2023
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 5-7 days
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial 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 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 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):
CM-110 [Rev. September 1, 2021] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Tyna Powell CASE NUMBER:
DEFENDANT/RESPONDENT: Wasco Recreation & Park District, et al. BCV-22-100328
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):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
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-110 [Rev. September 1, 2021] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Tyna Powell CASE NUMBER:
DEFENDANT/RESPONDENT: Wasco Recreation & Park District, et al. BCV-22-100328
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. 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. A motion to consolidate coordinate wiII 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
(specify moving party, type of motion, and issues):
The party or parties expect to file the following motions before trial
After sufficient discovery is completed, Defendant WRPD may file a motion for summary judgment / adjudication of Plaintiff's
Complaint and its cross-complaint.
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
Wasco Recreation & Park District Written discovery December 2022
Wasco Recreation & Park District Depositions June 2023
Wasco Recreation & Park District Expert discovery per code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. September 1, 2021] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Tyna Powell CASE NUMBER:
DEFENDANT/RESPONDENT: Wasco Recreation & Park District, et al. BCV-22-100328
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):
Counsel for cross-defendants has acknowledged receipt of service of the cross-complaint and stated cross-defendants will be
filing a responsive pleading.
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: September 26, 2022
William E. Camy
(TYPE OR PRINT NAME)
w (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. September 1, 2021] Page 5 of 5
CASE MANAGEMENT STATEMENT
Powell v. Wasco Recreation and Park District
1
Kern County Superior Court Case No. – BCV-22-100328
2
DECLARATION OF SERVICE
3
4 I am a resident of the United States and of the County, of Sacramento, California. I am over the
age of eighteen years and not a party to the within above-entitled action. My business address is 350
5 University Avenue, Suite 200, Sacramento, California.
I am familiar with this Company's practice whereby the mail, after being placed in a designated
6 area, is given the appropriate postage and is deposited in a U.S. mailbox in the City of Sacramento,
7 California, after the close of the day's business.
That on the date below, I served the following: CASE MANAGEMENT STATEMENT on all
8 parties in the said action as addressed below by causing a true copy thereof to be served:
9 BY MAIL: I placed the envelope for collection and mailing, following our ordinary business practices. I am readily
familiar with this business’ practice for collecting and processing correspondence for mailing. On the same day that
10 correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United
States Postal Service, in a sealed envelope with postage fully prepaid. â–¡ Certified Mail/Return Receipt Requested,
11 Article #
12 BY PERSONAL SERVICE: I caused such document to be personally delivered to the person(s) addressed below. (1)
For a party represented by an attorney, delivery was made to the attorney or at the attorney’s office by leaving the
13 documents, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an
individual in charge of the office, between the hours of nine in the morning and five in the evening. (2) For a party,
14 delivery was made to the party or by leaving the documents at the party’s residence with some person not younger than
18 years of age between the hours of eight in the morning and six in the evening.
15 BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an overnight
delivery carrier and addressed to the person(s) listed below. I placed the envelope or package for collection and overnight
16 delivery at my office or a regularly utilized drop box of the overnight delivery carrier.
 BY ELECTRONIC SERVICE: Based on a court order or an agreement of the parties to accept service by electronic
17 transmission, I caused the documents to be sent to the persons at the electronic notification address listed below.
18
Counsel for Plaintiff Counsel for City of Wasco
19 Matthew Clark Michael C. Keller
Doug Fitz-Simmons ROBINSON & KELLER
20 3434 Truxtun Avenue, Suite 150
CHAIN COHN CLARK
21 1731 Chester Avenue Bakersfield, CA 93301
rpllaw@aol.com
Bakersfield, CA 93301
22 mclark@chainlaw.com
23 dfitzsimmons@chainlaw.com
service@chainlaw.com
24
25 I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed at Sacramento, California on September 26, 2022.
26
27
___________________________________
28
Kristena Champlin
{02809923.DOCX}
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY William E. Camy, SBN 291397; Nicholas A. Pancharian, SBN 335329 PORTER SCOTT, APC 350 University Avenue, Suite 200 Sacramento, California 95825 TELEPHONE NO.:916-929-1481 FAX NO. (Optional): 916-927-3706 wcamy@porterscott.com; npancharian@porterscott.com E-MAIL ADDRESS: Defendant/Cross-Complainant Wasco Recreation & Park District ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS:1215 Truxtun Avenue MAILING ADDRESS: Bakersfield, 93301 CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: Tyna Powell DEFENDANT/RESPONDENT: Wasco Recreation & Park District, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE BCV-22-100328 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 11, 2022 Time: 8:30 Dept.: H Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Nicholas Pancharian 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): Wasco Recreation and Parks District 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): April 19, 2022 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): Wasco Tiger Sharks Swim Club and HDI Global Specialty SE (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. Type of case in complaint cross-complaint (Describe, including causes of action): Complaint for general negligence, premises liability and dangerous condition of public property. Cross-Complaint for indemnification, apportionment of fault, declaratory relief and breach of contract. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Tyna Powell CASE NUMBER: DEFENDANT/RESPONDENT: Wasco Recreation & Park District, et al. BCV-22-100328 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.) Plaintiff alleges she sustained personal injuries when she tripped and fell at Barker Pool Park in Wasco. Plaintiff was attending a swim meet hosted by Cross-Defendant Wasco Tiger Sharks Swim Club, who had rented the facilities from Defendant / Cross- Complainant WRPD. Cross-Defendant Wasco Tiger Sharks Swim Club is insured by Cross-Defendant HDI Global Specialty SE. Cross-Defendants owe a duty to defend and indemnify Defendant / Cross-Complainant WRPD. (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 triaI 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. (if 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 not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 1/9/23; 1/23/23; 2/7/23-2/10/23; 3/13/23; 3/20/23; 4/3/23; 4/10/23, 4/11/23; 4/17/23; 04/24/23; 6/5/23 - 6/16/23; 6/19/23; 7/17/23; 8/1-9/23; 8/14/23; 8/28/23; 10/9/2023; 11/14/2023 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5-7 days b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial 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 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 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): CM-110 [Rev. September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Tyna Powell CASE NUMBER: DEFENDANT/RESPONDENT: Wasco Recreation & Park District, et al. BCV-22-100328 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): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): 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-110 [Rev. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Tyna Powell CASE NUMBER: DEFENDANT/RESPONDENT: Wasco Recreation & Park District, et al. BCV-22-100328 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. 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. A motion to consolidate coordinate wiII 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 (specify moving party, type of motion, and issues): The party or parties expect to file the following motions before trial After sufficient discovery is completed, Defendant WRPD may file a motion for summary judgment / adjudication of Plaintiff's Complaint and its cross-complaint. 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 Wasco Recreation & Park District Written discovery December 2022 Wasco Recreation & Park District Depositions June 2023 Wasco Recreation & Park District Expert discovery per code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Tyna Powell CASE NUMBER: DEFENDANT/RESPONDENT: Wasco Recreation & Park District, et al. BCV-22-100328 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): Counsel for cross-defendants has acknowledged receipt of service of the cross-complaint and stated cross-defendants will be filing a responsive pleading. 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: September 26, 2022 William E. Camy (TYPE OR PRINT NAME) w (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. September 1, 2021] Page 5 of 5 CASE MANAGEMENT STATEMENT Powell v. Wasco Recreation and Park District 1 Kern County Superior Court Case No. – BCV-22-100328 2 DECLARATION OF SERVICE 3 4 I am a resident of the United States and of the County, of Sacramento, California. I am over the age of eighteen years and not a party to the within above-entitled action. My business address is 350 5 University Avenue, Suite 200, Sacramento, California. I am familiar with this Company's practice whereby the mail, after being placed in a designated 6 area, is given the appropriate postage and is deposited in a U.S. mailbox in the City of Sacramento, 7 California, after the close of the day's business. That on the date below, I served the following: CASE MANAGEMENT STATEMENT on all 8 parties in the said action as addressed below by causing a true copy thereof to be served: 9 BY MAIL: I placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’ practice for collecting and processing correspondence for mailing. On the same day that 10 correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. □ Certified Mail/Return Receipt Requested, 11 Article # 12 BY PERSONAL SERVICE: I caused such document to be personally delivered to the person(s) addressed below. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney’s office by leaving the 13 documents, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office, between the hours of nine in the morning and five in the evening. (2) For a party, 14 delivery was made to the party or by leaving the documents at the party’s residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. 15 BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the person(s) listed below. I placed the envelope or package for collection and overnight 16 delivery at my office or a regularly utilized drop box of the overnight delivery carrier.  BY ELECTRONIC SERVICE: Based on a court order or an agreement of the parties to accept service by electronic 17 transmission, I caused the documents to be sent to the persons at the electronic notification address listed below. 18 Counsel for Plaintiff Counsel for City of Wasco 19 Matthew Clark Michael C. Keller Doug Fitz-Simmons ROBINSON & KELLER 20 3434 Truxtun Avenue, Suite 150 CHAIN COHN CLARK 21 1731 Chester Avenue Bakersfield, CA 93301 rpllaw@aol.com Bakersfield, CA 93301 22 mclark@chainlaw.com 23 dfitzsimmons@chainlaw.com service@chainlaw.com 24 25 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Sacramento, California on September 26, 2022. 26 27 ___________________________________ 28 Kristena Champlin {02809923.DOCX} PROOF OF SERVICE