Preview
CM-110
ATrORNEY OR PARTY WITHOUT ATI’ORNEY
(Name, State Bar number, and address): FOR COURT USE ONLY
Michael R. Linden, SBN 192485
Lozano Smith
7404 N. Spalding Avenue, Fresno, CA 93720
TELEPHONE N0;559/431 -5600 rAx no. 559/261 -9365
(onu-Dnau; E-FILED
ADDRESS
E.MAIL mlinden@lozanosmith.com
(Optional): 4/23/2020 4:03 PM
ATTORNEY FORmame): City of Clovis; Clovis City Council
and Luke Serpa Superior Court of California
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F FRESNO County of Fresno
1130 O Street
STREET ADDRESS: By: Sergio Lopez, Deputy
MAILING ADDRESS:
CITYAND ZIPCODE:Fresno' CA 93724
BRANCH NAME:B.F. Sisk Coudhouse
PLAINTIFF/PETITIONER: DESIREE MARTINEZ, etal.
DEFENDANTIRESPONDENT: CITY OF CLOVIS, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded is$25,000
190ECG03855 JYH
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Date: May 13, 2020 Time: 3:30 Pm- Dept: Div.: Room: 402
Address of court from the address above):
(ifdifferent
E Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: Allapplicable boxes must be checked, and the specified information must be provided.
1‘ Party or parties (answer one):
a.
b. E This statement
This statement
is
is
submitted by party (name): City of Clovis, Clovis City Council
submitted jointly by parties (names):
and Luke Serpa
2. Complaint and cross-complaint (to be answered by plaintifis and cross-complainants only)
a.
b. E
The complaintwas filed on (date):
The cross-complaint, ifany,was filedon (date):
3.
a. E
Service
E
(tobe answered by plaintiffs and cross-complainants
named
AII parties in
only)
the complaint and cross-complaint have been served, have appeared, or have been dismissed.
named
b. The
(1) E
following parties inthe complaint or cross-complaint
have not been served (specify names and explain why not):
(2) E have been served but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered against them (specify names):
c. E The may be added
following additional parties
they may be served):
(specifynames, nature ofinvolvement in case,and date by which
4. Description of case
a- TYPE 0f case In
Petition for writ of
complaint E
mandate and complaint
cross-complaint (Describe, including causes of action):
for declaratory relief related to housing element of general plan.
Page1 of S
Form Adopted far Mandatury Use
Judimal Count)” DfCalifomia
CASE MANAG EMENT STATEMENT Cal, Rules cl
Coufl,
rulas 3720—8730
CM71 1D [Rav‘ Ju’y 1, 2011] www.GOUHSCEgDV
CM-1 10
“ASE “UMBER:
PLAINTIFF/PETITIONER: DESIREE MARTINEZ, et aI.
1QCECG03855 JYH
DEFENDANT/RESPONDENT: CITY OF CLOVIS. 9t 3|.
4‘ b. Provide a brief statement of the case, including any damages. (prersona/ 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.)
E {Ifmore space isneeded, check thisbox and attach a page designated as Attachment 4b.)
5. Jury or nonjury
The
trial
party or parties request
requesting a jury
trial):
a jurytrial E a nonjurytrial. more than one pany provide
(If the name ofeach party
6.
a‘
b.
D
Trial date
The has been set for
trial
No trialdate has been
(date):
set.This case willbe ready for within 12
trial months ofthe date of the filing of the complaint
(if
not, explain):
c. Dates on which parties or attorneys
willnot be available for
trial and explain reasons
(specify dates for unavailability):
7. Estimated length of trial
The party or parties estimate that the take (check one):
trial will
3'5
a.
b. E days (specify number}:
hours (short causes) (specify):
8. Trial representation (to
The
a.
party or parties
Attorney:
will
be answered
be represented
foreach
attrial
party)
by the attorney or party the caption
listed in E by the following:
b. Firm:
c. Address:
d Telephone number: f. Fax number:
Ee E-mail address:
Additional representationisdescribed inAttachment 8.
g. Party represented:
9.
10.
E
Preference
This case to preference (specify
is entitled
Alternative dispute resolution (ADR)
code section):
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
(1)
community programs
3.221
in rule
case.
in this
For parties represented by counsel: Counsel
ADR
to the client and reviewed
E has
options with the
has not
client.
provided theADR informationpackage identified
(2) E
For seIf-represented parties: Party has E has not reviewed the ADR informationpackage identified in rule 3‘221.
b.
(1) E
Referral to judlclal arbitration or clvll action mediation
(ifavailable).
This matter is sub‘ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under 1775‘s because the amount in controversy does not exceed the
ode of Civil Procedure section
statutorylimit.
(2) E] case to
Plaintiff elects to refer this and agrees
judicial arbitration amount specified
to limit recovery to the inCode of
CivilProcedure section 1141.11.
(3) E This case is exempt from judicial arbitration under rule 3.811
mediation under Code of Civil Procedure section
ofthe California Rules of Courtorfrom
1775 et seq. (specify exemption):
action
civil
CM—1 10 2011]
[Rev. July
1,
CASE MANAGEMENT STATEMENT Page 2 of5
CM-11O
CASENUMBER:
PLAINTIFFIPETITIONER: DESIREE MARTINEZ et 3L
DEFENDANT/RESPONDENT: 19CECG03855 JYH
cny 0F CLOVIS’ et a"
10. c. Indicate theADR 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 in the case have agreed to
Ifthe party or parties completing this form
thisform are willing to have already completed an ADR process or processes,
participate in or
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 DUDE
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2)Settlement
conference
E DUDE
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
(3)N eutra
Ieva ua t ion
I
E DUDE
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by(date):
Neutral evaluation completed on (date):
scheduled
Judicial arbitration not yet
Nonbinding judicial
scheduled
Judicial arbitration for (date):
(4)
arbitration
DIED
Agreed to complete judicial arbitration
by (date):
completed on
Judicial arbitration (date):
Private arbitration not yet scheduled
(5) Binding private
arbitration
E DUDE
Private arbitration scheduled for (date):
Agreed tocomplete private by
arbitration (date):
on
Private arbitration completed (date):
ADR session not yet scheduled
(6) Other (specify): D DUDE
ADR session
Agreed to
scheduled
complete ADR
for (date):
session by (date):
ADR completed on (date):
CM-11D [Rem
July 2011]
1, Page 3
of 6
CASE MANAGEMENT STATEMENT
CMfllfl
CASE NUMBER:
— PLAINTIFF/PETITIONER: DESIREE MARTINEZ. et al.
1SCECG 03855 JYH
DEFENDANT/RESPONDENT: CITY 0F CLOVIS, etal.
11.
a. E
Insurance
Insurance carrier,
E E
any, for party filing this statement (name):
if
b.
c. E
Reservation of rights:
Coverage issues will
Yes No
significantly affect resolution of this case (explain):
12. Jurisdiction
E
Indicate
Status:
Bankruptcy E
any matters thatmay affect the court's jurisdiction or processing of this
Other (specify):
case and describe the status.
13.
a. E
Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1)Name of case:
(2)Name of court:
(3)Case number:
E
E
(4) Status:
Additional cases are described Attachment 13a.
b‘ A motion to E in
consolidate E coordinate willbe filed by (name party):
14.
E
Bifurcation
The partyor parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
moving party, type of motion,
action (specify and reasons):
15. Other motions
The party or parties expect motions before
to file the following trial(specify moving party, type ofmotion,
and issues):
A demurrer is pending
16.
a. E
Discovery
D The
The
party or parties have completed
following discovery
alldiscovery.
be completed by the date
%
b. will specified (describeallanticipated discovery):
Pfl Descrigtion
Q D The following discovery issues, including issues regarding the discovery ofelectronically stored information. are
anticipated (specify):
CM-m [Rem July
1v20"]
CASE MANAGEMENT STATEMENT WW5
CM-110
PLAINTIFF/PETITIONER: DESIREE MARTINEZ, et al.
“SE ”UMBER:
— 1QCECG03855 JYH
DEFENDANT/RESPONDENT: CITY 0F CLOVIS: 6t a'-
17.
a. E
Economic litigation
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.
in Code
b.E 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 pmcedures relating to discovery or trial
should nor apply to this case):
18.
E
Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. The party or parties havemet and conferred withallpartieson allsubjects required by rule 3.724 ofthe California Rules
of Court(ifnot, explain):
b. After meetingand conferring as required byrule3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Totalnumber ofpages attached (ifany):
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 management conference, including the written authority of the party where required.
Date: April 22,2020
Michael R. Linden } /,;///_///
(TYPEOR PRINT NAME) OR ATTORNEY)
(SIGNATURE OF PARTY
D
0R PRINT NAME)
(TYPE
E OR ATTORNEY)
(SIGNATURE 0F PARTY
Additional signatures are attached.
CM-HD Pauews
2°"!
[Rev- July
1-
CASE MANAGEMENT STATEMENT
POS-OSO/EFS-OSO
ATTORNEY 0R PARTY wm-IOUT ATTORNEY:STATE BAR no
FOR COURT USE ONLY
NAME: Michael R. Linden,Esq, SBN 192485
Lozano Smith
FIRM NAME:
STREETADDRESS:7404 N. Spalding Avenue
cm: Fresno STATE:CA ZIPcone:93720
TELEPHONE Na:(559) 431-5600 FAX No.:
(559) 261 -9366
mlinden@lozanosmith.com
E.MAILADDRESS:
ATTORNEY Fommme): and Luke Serpa
City of Clovis, Clovis City Council
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS: 1130 "O" Street
MAlec ADDRESS:
crrY ANDZIP cons:Fresno, CA 93724
BRANCH NAME: B.F. Sisk Courthouse CASE NUMBER:
1QCECG03855
PLAINTIFFIPETITIONER: DESIREE MARTINEZ, et aL,
DEFENDANT/RESPONDENT: CITY OF CLOVIS, JUDICIALOFF'CERI
et aL ,
Jeffrey Y. Hamilton
DEPARTMENT‘
PROOF 0F ELECTRONIC SERVICE
1_ |am 18 years
at least old.
aV residence or business addressis specify):
MI
7 04 N. SpaldingAvenue, Fresno, C 93720
b. My electronic service addressis (specify):
erizzo@lozanosmith.com
2- |electronically sewed the following documents (exacttitles):
Case Management Conference Statement
E The documents sewed are an attachment (Form POS-050(D)/EFS—050(D)
listed in may be used for this purpose)
3‘ I served the documents
electronically 2 as follows:
listed in
a. Name ofperson served: R. Luis Garcia.III
On behalf of(name or names ofparties represented, ifperson served is an ah‘orney):
Desiree Martinez and Mari De Jesus Sanchez
b. Electronic service address of person served:
lgarcia@centralcallegal.org; vfeldman@pilpca.org
c. On (date):
E The documents listed in item 2 were served electronically on the persons and
(Form POS-050(P)/EFS—050(P) may bs used for this purpose.)
in themanner described inan attachment.
Date: 4/23/20
Ideclare under penalty of perjury under the laws of the State of California that the foregoing
istrue and correct.
Elva Rizzo
(TYPE0RPRINTNAME 0F DECLARANT)
’ FM gm;
(SIGNfiJE 0F DECLARANT)
Page1 or 1
Farm Approved Use
far Optional
Councn of California
PROOF OF ELECTRONIC SERVICE Cal Rules mle 2.251
c1 Court.
Judicial www.counmagov
Pos-osolEFsosoIRev. February1, 2017] (Proof of ServicelElectronic Filing and Service)