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  • PHILLIP GARCIA VS. CARRIE WILSON, IN HER CAPACITCY AS TRUSTEE OF THE et al WRONGFUL EVICTION document preview
  • PHILLIP GARCIA VS. CARRIE WILSON, IN HER CAPACITCY AS TRUSTEE OF THE et al WRONGFUL EVICTION document preview
  • PHILLIP GARCIA VS. CARRIE WILSON, IN HER CAPACITCY AS TRUSTEE OF THE et al WRONGFUL EVICTION document preview
  • PHILLIP GARCIA VS. CARRIE WILSON, IN HER CAPACITCY AS TRUSTEE OF THE et al WRONGFUL EVICTION document preview
  • PHILLIP GARCIA VS. CARRIE WILSON, IN HER CAPACITCY AS TRUSTEE OF THE et al WRONGFUL EVICTION document preview
  • PHILLIP GARCIA VS. CARRIE WILSON, IN HER CAPACITCY AS TRUSTEE OF THE et al WRONGFUL EVICTION document preview
  • PHILLIP GARCIA VS. CARRIE WILSON, IN HER CAPACITCY AS TRUSTEE OF THE et al WRONGFUL EVICTION document preview
  • PHILLIP GARCIA VS. CARRIE WILSON, IN HER CAPACITCY AS TRUSTEE OF THE et al WRONGFUL EVICTION document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Matthew K. Wisinski (SBN 195535) Joyce E. Clifford (SBN 197654) Murchison & Cumming, LLP 275 Battery St.Suite 550 San Francisco, CA 94114 ELECTRONICALLY TELEPHONE NO. 445-524-4300 FAX NO. (Optiona: 415- 391-2058 FILED E-MAIL ADDRESS (Optionay. MWisinski@murchisonlaw.com/clifford@murchisoniaw.com Superior Court of California, ATTORNEY FOR (vam: Angelo Wilson County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO FEB 04 2015 sreet aopress: 400 McAllister Street Clerk of the Court MAILING ADDRESS: BY: JEFFREY LEE Deputy Clerk city ano zip cope: San Francisco, CA 94102 BRANCH NAME: PLAINTIFF/PETITIONER: Phillip Garcia DEFENDANT/RESPONDENT: Carrie Wilson, the Wilson Family Trust, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [X] UNLIMITED CASE LIMITED CASE CGC-14-538560 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 18, 2015 Time: 10:30 a.m. Dept: 610 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Joyce E. Clifford INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 4. Party or parties (answer one): a. [Xl This statement is submitted by party (name): Angelo Wilson 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): 3. Service (fo 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 compiaint or cross-complaint a) have not been served (specify names and 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): CG The following additional parties may be added (specify names, nature of involvement in case, and date hy which they may be served): 4, Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Habitabitity Page 1 of & Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Cour, Judicial Counait of California OM-+ 10 fRev. July 4, 2041] tues 8.720-3,730CM-110 CGC-14-538560 EFENDANT/RESPONDENT: Carrie Wilson, the Wilson Family Trust, et al. 4. . 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 findicate source and amount}, estimated future medical expenses, lost earnings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) This is a landiord-tenant action for wrongful eviction following an unsuccessful unlawful detainer, Angelo Wilson, brought an unlawful detainer action against plaintiff, Phillip Garcia, seeking to evict him for excessive noise from the property located at 1665 Hayes Street, San Francisco, California. Plaintiff alleges Breach of Contract, Tenant Harrassment; Invasion of Privacy; Enforcement of Judgment; and Wrongful Eviction. PLAINTIFF/PETITIONER: Phillip Garcia CASE NURBER DI (if more space is needed, check this box and attach a page designated as Attachment 4b.) 5, Jury or nonjury triai The party or parties request = B@}_a jury trial 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. Bd 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 nat, 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. 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 Bl 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, &-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference L] 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 DX 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 CJ 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) [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): OM Row. ly 8, 2088) CASE MANAGEMENT STATEMENT age BotCM-110 - Phill ji ASE NUMBER: | PLAINTIFF/PETITIONER: Phillip Garcia CGC.14.538560 IDEFENDANT/RESPONDENT: Carrie Wilson, the Wilson Family Trust, et al. 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 ail 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 (atfach a copy of the parties' ADR processes (check all that apply): j 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 Settlement conference scheduled for (date): (2) Settlement conference Agreed to complete setilernent conference by (dafe) : Settlement conference completed on (date): Neutral evaiuation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (dale): Neutral evaluation completed cn (date) Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (date). Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CHEI10 fRev. July 1, 2082] CASE MANAGEMENT STATEMENT Page 3 of § siow.Borms Workflow eoCM-110 PLAINTIFF/PETITIONER: Phillip Garcia CASE NUMBER: mo * ° P ° , CGC-14-538560 DEFENDANT/RESPONDENT: Carrie Wilson, the Wilson Family Trust, ef al. 41, Insurance a Insurance carrier, if any, for party filing this statement (name): Leading Insurance Group 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 mation to consolidate 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 foliowing 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. Discovery a. The party or parties have compieted all discovery. b The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Bate Defendant, ANGELO WILSON Written Discovery TBD Defendant, ANGELO WILSON Witness / Party Depositions TBD Defendant, ANGELO WILSON Expert Depositions By Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): ONO Rew Ja, 2018 CASE MANAGEMENT STATEMENT Page 4 or Auertean Legal snmwnKannsWorkBlow comCM-110 ~ . wae ., CASE NUMBER: : PLAINTIFF/PETITIONER: Phillip Garcia CGC-14-538560 DEFENDANT/RESPONDENT: Carrie Wilson, the Wilsan Family Trust, et al. 17. Economic litigation a. (C] Thisisa limited civil case (Le., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply fo this case. b. [2] 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 fo this cage): 18. Other issues C] the party or parties request that the following additional matters be considered or determined at the case management conference (spacify): 19. Meet and confer a. &&) The party or pasties have met and conferred with all parties on afl 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 fellowing (specify): 20. Total number of pages attached (if any): lam 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: February 04, 2014 Joyce E, Clifford (TYPE OR PRINT NAME) {SIGNATURE @F PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (J Additionat signatures are attached, GMAT Rew ays 2088 GASE MANAGEMENT STATEMENT Pages 068 rican Legaties © uw Aver esMC-025 SHORT TITLE: CASE NUMBER: Phillip Garcia vs.Carrie Wilson, the Wilson Family Trust, et al.. CGC-14-538560 ATTACHMENT (Number): 6c (This Attachment may be used with any Judicial Council form.) 6c. Counsel starts Trial on the following dates: 03-23-2015; 04-24-2015; 09-28-2015; 10-05/2015; Vacation dates: 08-03-2015 to 08-14-2015 11-02-2015 to 11-24-2015 {if the item that this Atachment concems is made under penalty of perjury, all statements in this Page 0 of Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT ‘www courtinfo.ca.gov MSccie Rav day 200 to Judicial Council Form American LagalNet, ino. wow. PormsWorkiiaw coreoo Nn OO HF BR Ww DY = YN NY NY MY RNY KR NN @ B@ B wo Be Bm a Aa ew a aon OW AH F&F OB NY |= OC © AN OW A F&F SO NH | O&O PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO At the time of service, | was over 18 years of age and not a party to this action. | am employed in the County of San Francisco, State of California. My business address is 275 Battery Street, Suite 550, San Francisco, California 94111. On February 4, 2015, | served true copies of the following document(s) described as CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: BY ELECTRONIC SERVICE VIA FILE & SERVEXPRESS: | electronically served the document(s) described above via File & ServeXpress, on the recipients designated on the Transaction Receipt located on the File & ServeXpress website (https:secure.fileandservexpress.com) pursuant to the Court Order establishing the case website and authorizing service of documents. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 4, 2015, at San Francisco, California. Maria Baker f é é