Preview
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
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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
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~ . 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
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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.
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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
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