Preview
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)'.
Daniel V. Kohls (SBN 167987)
Leighton B. Koberlein (SBN 252891)
Hansen, Kohls, Sommer &Jacob, LLP E-FILED
1520 ELâ–ºreka Road, Suite 100 11/21/2019 5:20 PM
Roseville, CA 95661 Superior Court of California
re~ePHONe rvo (9] S) 781-2550 F~Na ~opnonai~ (916) 781-5339 County of Fresno
Ikoberlein@hansenkohls.com
CIICOh~S C7 Il1TiSeTIICOIIIS.001T1
E-MAIL ADDRESS (Optional}
By: A. Rodriguez, Deputy
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno
STREET ADDRESS I I3O O StPOet
MAILING ADDRESS:
ciTY allo zia cone Fresno, CA 93 721
BRANCH NAME:
PLAINTIFF/PETITIONER:Edward Funez
DEFENDANT/RESPONDENT:Fire Insurance Exchange, et al.
CASE NUMBER:
CASE MANAGEMENT STATEMENT
(Check one): ~~ UNLIMITED CASE ~ LIMITED CASE 19CECG02755
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows
Date: December 4, 2019 Time: 3:30 p.m. Dept.: 402 Div.: Room:
Address of court (if different from the address above):
[ x~ Notice of Intent to Appear by Telephone, by (name): Leighton B. Koberlein
INSTRUCTIONS: Ail applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. f~ This statement is submitted by party (name): Defendant Fire Insurance Exchange
b. [ I 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 (to 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 complaint or cross-complaint
(1) (_] have not been served (specify names and explain why not):
--,
(2) ~__J have been served but have not appeared and have not been dismissed (specify names):
(3) [ i have had a default entered against them (specify names):
c. ~ The following additional parties may be added (specify names, nature of involvement in case, and date by which
they maybe served):
4. Description of case
a. Type of case in i x~ complaint ~ cross-complaint (Describe, including causes of action):
Plaintiff alleges three causes of action. 1) Insurance Bad Faith; 2) Negligence; and 3) Action on License Bond
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California CASE MANAGEMENT STATEMENT ~e~x~ rules 3720-3.730
crw-i~o~Rev d~iy~,2oi~~ ~OUtI riS'
~ Plus
CM-110
PLAINTIFF/PETITIONER: Edward Funez case NunnaeR
19CECG02755
DEFENDANT/RESPONDENT: Fire Insurance Exchange, et al.
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages cia+med, including medical expenses to date (indicate source and amountJ, estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
This case a►•ises out of a water loss to plaintiffs home. Plaintiff claims improper repairs led to asbestos exposure.
This case Plaintiff additionally claims that Fire bisurnace Exchange failed to approve and pay for all necessary
repairs.
_ __ (If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request ~~ a jury trial [ ! a nonjury trial. (!f 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. ~_x ] 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
not, 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): 7 - 10
b. [~ hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial~ 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. E-mail address: g. Party represented:
~~~ Additional representation is described in Attachment 8.
9. Preference
jThis case is entitled to preference (specify code sect+on):
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 C] 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~ 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) [_] 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) __J 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} '_ i This case is exempt from judicial arbitration under rule 3.811 of the California Rules of
Court or from civil action
J mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
to ~Re~ ~~~y t, zott~ CASE MANAGEMENT STATEMENT
Page 2 of 5
CM-110
PLAINTIFF/PETITIONER: Edward Funez cnservunnaeR:
19CECG02755
DEFENDANT/RESPONDENT: Fire Insurance Exchange, 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 (attach a copy of the parties' ADR
processes (check all that apply): stipulation):
X
j Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
~j Settlement conference not yet scheduled
(2) Settlement ~ Settlement conference scheduled for (date):
conference ~ ~ Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
i~ Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date};
(3) Neutral evaluation
~~ Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
[_=! Judicial arbitration not yet scheduled
(4) Nonbinding judicial ~~ ~ Judicial arbitration scheduled for (date):
arbitration [____ Agreed to complete judicial arbitration by (date):
'Judicial arbitration completed on (date):
~_j Private arbitration not yet scheduled
r~ 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
~ ~ ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
~ ADR completed on (date):
CM-110 [Rev. July 1, 2011) Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF~PETITIONER: Edward Funez CASE NUMBER:
DEFENDANT/RESPONDENT: Fire Insurance Exchange, et al. 19CECG02755
11. Insurance
~_--
a. __J Insurance carrier, if any, for party filing this statement (name):
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:
L_— Additional cases are described in Attachment 13a.
b. ~___~ A motion 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 following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
X_ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendant Fire Insurance Exchange anticipates filing a motion for summary judgment/adjildication.
16. Discovery
a. C The party or parties have completed all discovery.
b. l_x ~ The following discovery will be completed by the date specified (describe all anticipated discovery):
Partv Description Date
Defendant Written Discovery February 2020
Defendant Depositions Apri12020
Defendant Expert Discovery per code
c. ~__~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 9, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: ECIw1CCI FuriOZ CASE NUMBER:
DEFENDANT/RESPONDENT: FICO I11SUC1riC2 EXCYlaT1~Te, 0t 11. 19CECG0~755
17. Economic litigation
a. [___] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. ~__J 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 to this case):
18. 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. xi The party or parties have met and conferred with ail parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain)The parties have not yet met and conferred but will do so prior to the CMC,
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): 1
am 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 wilt 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: November 21, 2019
Leighton B. Koberlein ' `---'
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
PETITIONER/PLAINTIFF: CASE NUMBER: T
EaWdYCI FUTIeZ
RESPONDENT/DEFENDANT: Fire Insurance Exchange, et al. 19CECG02755
6.c.
Ja~luary 21 -January 24, 2020; Broshar v. Minerva; Sacramento Sup.
January 27 -February 7, 2020; Fong v. Vallarino; San Francisco Sup.
February 4 -February 14, 2020; Wietsma v. Farmers; Sacramento Sup
February 1 l -February 21, 2020;Parkes v. Mid-Century; EI Dorado Sup.
March 9 -March 20, 202Q;Mohamed v. Perkins;Sacramento Sup.
March 9 -March 13, 2020; Harris v. Dollar Point; Placer Sup.
March 23 -March 27, 2020; CVE Demolition v. Ken Clark Excavating; Placer Sup.
March 27 -April 3, 2020; Antonopolous v. Mid-Century; Sonoma Sup.
April 14 -April 30, 2p20; Golden Pacific v. Kronick; Sacramento Sup.
May 4, -May 22, 2020; Sullivan v. Farmers; Fresno Sup.
June 8 -June 19, 2020; Frazer v. Elstein; Los Angeles Sup.
July 20 -July 24, 2020; Del Oro Water v. Cox; Butts Sup.
July 20 -July 31, 2020;Leslie v. JB Hunt; San Joaquin Sup.
July 27 -August 3, 2020; Karnes v. CR Bard; USDC Western District of WI
August 17 -August 27, 2020; Moser v. McCormick Barstow;Sacramento Sup.
August 31 -September 7, 2020; Johnson v. Lucito; Butte Sup.
September 8 -September 22, 2020; Fantl v, Elstein; Los Angeles Sup:
September 14 -September 25, 2020; Kanaan v. IS~R Holdings; Placer Sup.
September 28 -October 9, 2020; Sac Casino Royale v. HKSJ; Placer Sup.
October 19 -October 23, 2020; Hall v. Insight; Sacramento Slip.
November 9 -November 13, 2020; CCF Holdings v. Gilbeall; Placer Sup.
~al
Solut~ ns~
~ Plus
STATE OF CALIFQRNIA )
ss. PROOF OF SERVICE
2 COUNTY OF PLACER )
t am a citizen of the United States and am employed within the county aforesaid; I am over
the age of eighteen years and not a party to the within action; my business address is Hansen, Kohls,
4 Sommer &Jacob, LLP, 1520 Eureka Road, Suite 100, Roseville, California 95661.
5 On the date mentioned below, I served the following document(s):
6 Case Management Statement
7 on the interested parties in said action addressed as follows:
8 J. Edward Kerley Attorney for Plaintiffs
Dylan L. Schaffer
9 Yasmeen Omidi
Kerley Schaffer LLP
10 1939 Harrison Street, Suite 500
Oakland, CA 94612
Tel: (510) 379-5801
Fax: (510) 228-0350\
12 edward a~kslaw.us
d ylan.~kslaw.us
13 yasmeell(a?kslaw.us
14 Patrick S. Schoenberg Attorneys for Defendant Benevento's
Alexi P. Antoniou Cleaning &Restoration Service Inc. dba
15 mood Smith Henning &Berman LLP Service Master by Benevento
7108 North Fresno Street, Suite 250
lb Fresno, CA 93720-2952
Tel: (559) 437-2860
17 Fax: (559) 438-1350
pscllaenburg~a~wshbla~v.com
18 aantoniou(c~wshblaw.com
19 Michelle R. Ferber Attorneys for Defendant American
Connor M. Day Contractors Indemnity Company
20 Ferber Law, A Professional Corporation
2603 Camino Ramon, Suite 385
21 San Ramon, CA 94583
Tel: (925) 355-9088
22 Fax: (925) 263-1676
23 (X) BY MAIL -- by placing a true copy thereof enclosed in an envelope addressed as set
' forth above. I am readily familiar with this office's practice whereby the mail is sealed, given
24 the appropriate postage and placed in a designated mail collection area. Each day's mail is
collected and deposited in a United States mailbox after the close of each day's business.
25
I declare under penalty of perjury under the laws of the State of California that the foregoing
26 is true and correct. Executed on November 21, 2019, at Roseville, Calif
27 r
~,. —~
28 im M. Piceno
-t-
2oo4g2 Proof of Service
Preview
lhl'(dlll ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)'. Daniel V. Kohls (SBN 167987) Leighton B. Koberlein (SBN 252891) Hansen, Kohls, Sommer &Jacob, LLP E-FILED 1520 EL►reka Road, Suite 100 11/21/2019 5:20 PM Roseville, CA 95661 Superior Court of California re~ePHONe rvo (9] S) 781-2550 F~Na ~opnonai~ (916) 781-5339 County of Fresno Ikoberlein@hansenkohls.com CIICOh~S C7 Il1TiSeTIICOIIIS.001T1 E-MAIL ADDRESS (Optional} By: A. Rodriguez, Deputy SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno STREET ADDRESS I I3O O StPOet MAILING ADDRESS: ciTY allo zia cone Fresno, CA 93 721 BRANCH NAME: PLAINTIFF/PETITIONER:Edward Funez DEFENDANT/RESPONDENT:Fire Insurance Exchange, et al. CASE NUMBER: CASE MANAGEMENT STATEMENT (Check one): ~~ UNLIMITED CASE ~ LIMITED CASE 19CECG02755 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows Date: December 4, 2019 Time: 3:30 p.m. Dept.: 402 Div.: Room: Address of court (if different from the address above): [ x~ Notice of Intent to Appear by Telephone, by (name): Leighton B. Koberlein INSTRUCTIONS: Ail applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. f~ This statement is submitted by party (name): Defendant Fire Insurance Exchange b. [ I 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 (to 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 complaint or cross-complaint (1) (_] have not been served (specify names and explain why not): --, (2) ~__J have been served but have not appeared and have not been dismissed (specify names): (3) [ i have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature of involvement in case, and date by which they maybe served): 4. Description of case a. Type of case in i x~ complaint ~ cross-complaint (Describe, including causes of action): Plaintiff alleges three causes of action. 1) Insurance Bad Faith; 2) Negligence; and 3) Action on License Bond Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT ~e~x~ rules 3720-3.730 crw-i~o~Rev d~iy~,2oi~~ ~OUtI riS' ~ Plus CM-110 PLAINTIFF/PETITIONER: Edward Funez case NunnaeR 19CECG02755 DEFENDANT/RESPONDENT: Fire Insurance Exchange, et al. 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages cia+med, including medical expenses to date (indicate source and amountJ, estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) This case a►•ises out of a water loss to plaintiffs home. Plaintiff claims improper repairs led to asbestos exposure. This case Plaintiff additionally claims that Fire bisurnace Exchange failed to approve and pay for all necessary repairs. _ __ (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request ~~ a jury trial [ ! a nonjury trial. (!f 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. ~_x ] 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 not, 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): 7 - 10 b. [~ hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial~ 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. E-mail address: g. Party represented: ~~~ Additional representation is described in Attachment 8. 9. Preference jThis case is entitled to preference (specify code sect+on): 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 C] 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~ 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) [_] 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) __J 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} '_ i This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action J mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): to ~Re~ ~~~y t, zott~ CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER: Edward Funez cnservunnaeR: 19CECG02755 DEFENDANT/RESPONDENT: Fire Insurance Exchange, 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 (attach a copy of the parties' ADR processes (check all that apply): stipulation): X j Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): ~j Settlement conference not yet scheduled (2) Settlement ~ Settlement conference scheduled for (date): conference ~ ~ Agreed to complete settlement conference by (date): Settlement conference completed on (date): i~ Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date}; (3) Neutral evaluation ~~ Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): [_=! Judicial arbitration not yet scheduled (4) Nonbinding judicial ~~ ~ Judicial arbitration scheduled for (date): arbitration [____ Agreed to complete judicial arbitration by (date): 'Judicial arbitration completed on (date): ~_j Private arbitration not yet scheduled r~ 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 ~ ~ ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ~ ADR completed on (date): CM-110 [Rev. July 1, 2011) Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF~PETITIONER: Edward Funez CASE NUMBER: DEFENDANT/RESPONDENT: Fire Insurance Exchange, et al. 19CECG02755 11. Insurance ~_-- a. __J Insurance carrier, if any, for party filing this statement (name): 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: L_— Additional cases are described in Attachment 13a. b. ~___~ A motion 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 following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions X_ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant Fire Insurance Exchange anticipates filing a motion for summary judgment/adjildication. 16. Discovery a. C The party or parties have completed all discovery. b. l_x ~ The following discovery will be completed by the date specified (describe all anticipated discovery): Partv Description Date Defendant Written Discovery February 2020 Defendant Depositions Apri12020 Defendant Expert Discovery per code c. ~__~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 9, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: ECIw1CCI FuriOZ CASE NUMBER: DEFENDANT/RESPONDENT: FICO I11SUC1riC2 EXCYlaT1~Te, 0t 11. 19CECG0~755 17. Economic litigation a. [___] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. ~__J 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 to this case): 18. 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. xi The party or parties have met and conferred with ail parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain)The parties have not yet met and conferred but will do so prior to the CMC, 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): 1 am 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 wilt 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: November 21, 2019 Leighton B. Koberlein ' `---' (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT PETITIONER/PLAINTIFF: CASE NUMBER: T EaWdYCI FUTIeZ RESPONDENT/DEFENDANT: Fire Insurance Exchange, et al. 19CECG02755 6.c. Ja~luary 21 -January 24, 2020; Broshar v. Minerva; Sacramento Sup. January 27 -February 7, 2020; Fong v. Vallarino; San Francisco Sup. February 4 -February 14, 2020; Wietsma v. Farmers; Sacramento Sup February 1 l -February 21, 2020;Parkes v. Mid-Century; EI Dorado Sup. March 9 -March 20, 202Q;Mohamed v. Perkins;Sacramento Sup. March 9 -March 13, 2020; Harris v. Dollar Point; Placer Sup. March 23 -March 27, 2020; CVE Demolition v. Ken Clark Excavating; Placer Sup. March 27 -April 3, 2020; Antonopolous v. Mid-Century; Sonoma Sup. April 14 -April 30, 2p20; Golden Pacific v. Kronick; Sacramento Sup. May 4, -May 22, 2020; Sullivan v. Farmers; Fresno Sup. June 8 -June 19, 2020; Frazer v. Elstein; Los Angeles Sup. July 20 -July 24, 2020; Del Oro Water v. Cox; Butts Sup. July 20 -July 31, 2020;Leslie v. JB Hunt; San Joaquin Sup. July 27 -August 3, 2020; Karnes v. CR Bard; USDC Western District of WI August 17 -August 27, 2020; Moser v. McCormick Barstow;Sacramento Sup. August 31 -September 7, 2020; Johnson v. Lucito; Butte Sup. September 8 -September 22, 2020; Fantl v, Elstein; Los Angeles Sup: September 14 -September 25, 2020; Kanaan v. IS~R Holdings; Placer Sup. September 28 -October 9, 2020; Sac Casino Royale v. HKSJ; Placer Sup. October 19 -October 23, 2020; Hall v. Insight; Sacramento Slip. November 9 -November 13, 2020; CCF Holdings v. Gilbeall; Placer Sup. ~al Solut~ ns~ ~ Plus STATE OF CALIFQRNIA ) ss. PROOF OF SERVICE 2 COUNTY OF PLACER ) t am a citizen of the United States and am employed within the county aforesaid; I am over the age of eighteen years and not a party to the within action; my business address is Hansen, Kohls, 4 Sommer &Jacob, LLP, 1520 Eureka Road, Suite 100, Roseville, California 95661. 5 On the date mentioned below, I served the following document(s): 6 Case Management Statement 7 on the interested parties in said action addressed as follows: 8 J. Edward Kerley Attorney for Plaintiffs Dylan L. Schaffer 9 Yasmeen Omidi Kerley Schaffer LLP 10 1939 Harrison Street, Suite 500 Oakland, CA 94612 Tel: (510) 379-5801 Fax: (510) 228-0350\ 12 edward a~kslaw.us d ylan.~kslaw.us 13 yasmeell(a?kslaw.us 14 Patrick S. Schoenberg Attorneys for Defendant Benevento's Alexi P. Antoniou Cleaning &Restoration Service Inc. dba 15 mood Smith Henning &Berman LLP Service Master by Benevento 7108 North Fresno Street, Suite 250 lb Fresno, CA 93720-2952 Tel: (559) 437-2860 17 Fax: (559) 438-1350 pscllaenburg~a~wshbla~v.com 18 aantoniou(c~wshblaw.com 19 Michelle R. Ferber Attorneys for Defendant American Connor M. Day Contractors Indemnity Company 20 Ferber Law, A Professional Corporation 2603 Camino Ramon, Suite 385 21 San Ramon, CA 94583 Tel: (925) 355-9088 22 Fax: (925) 263-1676 23 (X) BY MAIL -- by placing a true copy thereof enclosed in an envelope addressed as set ' forth above. I am readily familiar with this office's practice whereby the mail is sealed, given 24 the appropriate postage and placed in a designated mail collection area. Each day's mail is collected and deposited in a United States mailbox after the close of each day's business. 25 I declare under penalty of perjury under the laws of the State of California that the foregoing 26 is true and correct. Executed on November 21, 2019, at Roseville, Calif 27 r ~,. —~ 28 im M. Piceno -t- 2oo4g2 Proof of Service