arrow left
arrow right
  • Desiree Martinez vs  City of Clovis / WM43 Unlimited - Other Petition (not specified) document preview
  • Desiree Martinez vs  City of Clovis / WM43 Unlimited - Other Petition (not specified) document preview
  • Desiree Martinez vs  City of Clovis / WM43 Unlimited - Other Petition (not specified) document preview
  • Desiree Martinez vs  City of Clovis / WM43 Unlimited - Other Petition (not specified) document preview
  • Desiree Martinez vs  City of Clovis / WM43 Unlimited - Other Petition (not specified) document preview
  • Desiree Martinez vs  City of Clovis / WM43 Unlimited - Other Petition (not specified) document preview
  • Desiree Martinez vs  City of Clovis / WM43 Unlimited - Other Petition (not specified) document preview
  • Desiree Martinez vs  City of Clovis / WM43 Unlimited - Other Petition (not specified) document preview
						
                                

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)