Preview
CM-110
INsme, Sfefe Bsr number,
ATTORNEY OR PARTY WITHOUT ATTORNEY end eddress). FOR COURT USE ONLY
Edward McCutchan (SBN 119376)
Sunderland ~
McCutchan, LLP
1083 Vine Street, Suite 907
Healdsburg, CA 95448
TELEPHDNEND'707) 433-0377 FAxND. Iopfionsl) (707) 433-0379
emeeutehan SunmejaW.COm
E-MAILADDRESS IOPlionstp
DefendantS FOppianO, et al.
ATTDRNEY FoR fNsms):
SUPERIDR CDURT QF CALIF DRNIA, coUNTY oF Sonoma
sTREETAocssss 600 AdminiStratian DriVe
MAiuNDADDREss 600 AdminiStratiOn DriVe
OITY AND zlPDDDESanta Rosa, CA 95403
BRANDH NAME'ivil and Family Law Courthouse
PLAINTIFF/PETITIQNER Susan Foppiano Valera
DEFENDANT/REsPQNDENT: Louis Foppiano, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one)i DG UNLIMITED CASE C3 LIMITED CASE
(Amount demanded (Amount demanded is $ 25,000
exceeds $ 25,000) orless)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: November 8, 2022 Time: P Deplz 18 Divz Room:
Address of court (if different from the address above):
3035 Cleveland Avenue, Suite 200, Santa Rosa, CA 95403
QQ Notice of Intent to Appear by Telephone, by (name)i Edwa'd McCut
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1.
a.
b.
~
Party or parties (answer one):
~ This slalemenl is submitted i)y party (nsme). Defendants, Louis Fopplano, et al.
This statement is submitted jointly by parties (nsmes):
2. Complaint and cross-complaint (lo beyn~wgred(ygjqffffs snd cross-complsinsnls only)
a.
b. ~
The complaint was filed on (date):
The cross-complaint, if any, was filed on (dale):
3. Service (lo be answered by plsinliffs and cross-complainanls only)
a. UH All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed
b. C3
(1) ~
The following parlies named in the complaint or cross-complaint
have not been served (specify names snd explain why nol):
(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. C3 The following additional parties may be added (specifynames, nslure ofinvolvemenl in case, and date by which
lhey may be served):
4. Description of case
a. Type of case in EK complaint
Partition by Sale of Real Property.
~ crass-complaint
Accounting (CCP 8
(Describe, including causes of aclion):
872.010 et seq.)
Form Adopled for Mendsrsry Use
Judloel Counul of C*lrfomie
CASE MANAGEMENT
STATEMENT'ageiofe Cel Rules of Court,
rules 3 T20-3 230
CM-110 IRev. July 1, 2011) mnv courfs.cs gov
Cllll-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Valera
SCV-269355
DEFENDANT/RESPONDENT: Foppiano, et al.
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 (indicafe source and amount/, estimated future medical expenses, lost
earnings lo date, and estimated future lost earnings. If equitable re/ief is sought, describe the nalure of the relief)
The parties have other contiguous parcels listed with a brokerage and this one should also be listed with
the same brokerage who is familiar with this one acre parcel through an appointed pattition referee.
(lf more space is needed, check this box and alfach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request
requesting a jury trial):
~ a jury trialUG a nonjury trial. (If more than one party, provide the name of each party
Per Code, a jury trial does not apply in partition actions.
8. Trial date
a. C3 The trial has been set for (dale):
b. UH 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
xP '"):Summary adjudication granted 10/14/2022.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailabilily):
Summary adjudication has been granted per 10/14/2022 hearing.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
4da s
a.
b. ~
DU days (specify number):
hours (short causes) (specify)J
8. Trialrepresentation (lo be answered for each parfy)
QQ
The party or parties will be represented at trial
a. Attorney:
~
by the attorney or party listed in the caption by the following:
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 seclion):
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.
(11 For parties represented by counsel: CounselHQ has C3 has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) C3
Forself-represented parties: Party has H has not reviewed theADR informationpackage identifiedinrule3.221.
b.
(1) ~
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
statutory limit.
(2)~ Plaintiff elects to refer this case to judicial arbitration end agrees to limit recovery to the amount specified in Code of
CivilProcedure 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-1 ig IRev. July 1, 2011I Page 2 of g
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER: Vajera
EFENDANT/RESPONDENT: Foppiano, et aj. !
SCV-269355
I 0.c, Indicatethe 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 ail thai apply and provide the specified information):
The party or parties completing If the paAy 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,
parlicipate in the following ADR indicate the status of the processes (aNach a copy of the parties'ADR
processes (check ail that apply):stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (dale):
(I) Mediation
Agreed to complete mediation by (dale):
Mediation completed on (dais):
CKl Settlement conference not yet scheduled
(2) Settlement C3 Settlement conference scheduled for (dais):
conference Agreed to complete settlement conference by (dais):
Settlement conference completed on (dais):
C3 Neutral evaluation not yet scheduled
C3 Neutral evaluation scheduled for (dale):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (dais):
Neutral evaluation completed on (dale):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial C3 Judicial arbitration scheduled for (dale):
arbitration
C3 Agreed to complete judicial arbitration by (daie);
Judicial arbitration completed on (dais):
Private arbitration not yet scheduled
(5) Binding private C3 Private arbitration scheduled for (dais):
arbitration
C3 Agreed to complete private arbitration by (date):
Private arbitration completed on (dais):
ADR session not yet scheduled
ADR session scheduled for (dsie):
(6) Other (speciiy):
Agreed to complete ADR session by (dale):
ADR completed on (dale);
cM.110 IReu July 1, 2011l Pege 3 er 3
CASE MANAGEMENT STATEMENT
r:M-110
CASE
PLAINTIFF/PETITIQNER: Valera NUMBER'CV-269355
DEFENDANT/REsPQNDENT: Foppiano, et al.
11.
a. ~
Insurance
Insurance carrier, if any, for party filing this statement (name):
C3 H
b.
c. ~Reservation of rights: Yes No
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.
Status:
Bankruptcy H Other (specify):
13. Related cases, consolidation, and coordination
a gg There are companion, underlying, or related cases.
FoPPiano, et al. v. Valera, et al.
(1)Name of case
(2)Name ofcourt. Mendocino County SuPerior Court
(3)Case number 21CV00971
Ongoing partition and accounting.
b.
~
H
(4)statusi
A motion to H consolidate ~
Additional cases are described in Attachment 13a.
coordinate will 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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16.
a.
b
~
Discovery
The party or parties have completed all discovery.
CK] The following discovery will be completed by the date specified (describe sil anlicipated discovery):
~Pari Descriotion Date
Defendants Initial written discovery June 2023
Defendants Expert depositions February 2023
c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
./
CM-110IReu July1,0011I page 4 of 0
CASE MANAGEMENT STATEMENT
CM-110
CASE
PI AINTIFFIPETITIONER: pa)era NUMBER'CV-269355
oEFENOANTIREspoNoENT: Foppiano, et al.
17.
a. ~
Economic litigation
This is a limited civil case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code
b. ~ of Civil Procedure sections 90-98 will apply to this case.
This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be f(led (if checked, exp/ain specifically why economic liligation procedures relsling to discovery or friar
should nof apply lo ibis case):
18. Other issues
DLj The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
Defendants believe that the one acre parcel should be sold with another contiguous parcel controlled
by the parties to maximize sale price with the same brokerage who has a listing agreement for such.
19. Meet and confer
a. DLj 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 no(, 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):
Iam 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 managementyonference, including the written authority of the party where required
oats October ~, 2022
Edward McCutchan
ny PE OR PRINT NAME) (SIGNTURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
~ (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 (Rev July I, 2011) Pege6e(6
CASE MANAGEMENT STATEMENT
PROOF OF SERVICE
(CCP sections 1011, 1012, 1012.5, 1013)
3 STATE OF CALIFORNIA )
) ss.
COUNTY OF SONOMA )
5
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of 18
6 years and not a party to the within action; my business address is: 1083 Vine Street, Suite 907,
Healdsburg, California 95448.
7
On this date October, 'n
2022, I served the within CASK MANAGEMENT STATEMENT
on the interested parties said action, including a true copy thereof, and served the same on the
9 parties/counsel addressed as follows:
10
PLEASE SKK ATTACHED SERVICE LIST
11
The following is the procedure in which service of this document was affected:
12
U.S. Postal Service - placing such envelope(s) with postage thereon fully prepaid
13 in the designated area for outgoing mail in accordance with this office's practice,
whereby the mail is deposited in a U.S. mailbox in the City of Healdsburg,
California, after the close of the day's business.
15
XX Electronic Mail - I transmitted such documents(s) to the addressees at the below
16 E-Mail addresses:
17 Facsimile - I transmitted such documents(s) to the addressee(s) at the following
facsimile number(s):
18
One Legal's electronic service program. Using One Legal's electronic
19 transmission program, a tme and correct copy of the documents was served on all
counsel by e-mailing a copy to each addressee named below.
20
Personal Service - I caused to be delivered such envelope(s) to the addressee(s) at
21 the address(es) set forth below.
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is executed at Healdsburg, California on October ~,
I declare under penalty of perjuty that the foregoing is true and correct and this document
2022.
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27 EDWARD cCUTCHAN
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DEFENDANTS'NSWER TO PLAINTIFF'S FIRST AMENDED COMPLAIFIT FOR
PARTITION OF REAL PROPERTY AND AN ACCOUNTING
I
SERVICE LIST
SUSAN FOPPIANO VALERA v, LOUIS M. FOPPIANO, ET AL.
Sonoma County Superior Court Case No. SCV-269355
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Attorneys for Plaintiff, Susan Foppiano Valera, an individual
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Carter Rich PC
6 Brian C. Carter, Esq.
Alexander . Rich, Esq.
Margarita S. Rice, Esq.
305 N. Main Street
P. O. Box 1709
9 Ukiah, CA 95482
Tel: (707) 462-6694
Fax: (707) 462-7839
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DEFENDANTS'NSWER TO PLAINT'IPP'S I'IRST AMENDED COMPLAINT POR
PARTITION OF REAL PROPERTY AND AN ACCOUNTINO
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