Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Matthew S. Kennedy, Esq. CABN 125620
Matthew S. Kennedy, A Professional Law Corporation
POB 1031
San Luis Obispo, CA 93406-1031
TELEPHONE NO.:805-544-5002 FAX NO.(Optional): 805-544-5003
E-MAIL ADDRESS:msk@KennedyLawRealty.com
Defendant Mechanics Bank successor by merger to Rabobank, N.A.
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Monterey
STREET ADDRESS: 1200 Aguajito Road
MAILING ADDRESS: 1200 Aguajito Road
CITY AND ZIP CODE:Monterey, CA 93940
BRANCH NAME: Monterey Branch
PLAINTIFF/PETITIONER: Robert T. Elliott
DEFENDANT/RESPONDENT: Mechanics Bank, successor by merger to Rabobank NA
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE 21CV003944
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 2, 2022 Time: 8:30 AM Dept.: 14 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Matthew S. Kennedy, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): Mechanics Bank, successor by merger to Rabobank, N.A.
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): December 20, 2021
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) have been served but have not appeared and have not been dismissed (specify names):
(3) 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 the date by which
they may be served):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action):
Breach of contract; Declaratory Relief.
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of California rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Robert T. Elliott CASE NUMBER:
21CV003944
DEFENDANT/RESPONDENT:
Mechanics Bank, successor by merger to Rabobank, N.A.
4. b. 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 [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.)
Plaintiff brings this action alleging that an agreement was formed via an email with Defendant's employee on January 23, 2014
to settle a multi-million dollar judgment against the Plaintiff in return for the amount of $140,000, and declaratory relief in
regard thereto. Defendant denies Plaintiff's allegations.
(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. (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. 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): Additional time is required to complete discovery following unsuccessful early settlement attempts and for filing dispositive motions [MSJ
etc., by Defendant].
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
January 4 - 6, 2023 [out of area]; April 1 - 22, 2023 [out of the country]; May 12 - July 3, 2023 [out of the country];
August 1 - 22 [out of the country]; November 10, 2023 - January 6, 2024 [out of the country];
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 2-3
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
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 of the California Rules of Court for information about the
processes available through the court and community programs in this case.
(1) For parties represented by counsel: Counsel 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 of 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):
Exceeds jurisdiction
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
PLAINTIFF/PETITIONER: Robert T. Elliott CASE NUMBER:
21CV003944
DEFENDANT/RESPONDENT:
Mechanics Bank, successor by merger to Rabobank, N.A.
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 all 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):
Mediation session not yet scheduled
(1) Mediation Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
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):
Neutral evaluation not yet scheduled
(3) Neutral evaluation Neutral evaluation scheduled for (date):
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):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
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):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5
CM-110
PLAINTIFF/PETITIONER: Robert T. Elliott CASE NUMBER:
21CV003944
DEFENDANT/RESPONDENT:
Mechanics Bank, successor by merger to Rabobank, N.A.
11. Insurance
a. 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:
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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendant - Motion for Summary Judgment | adjudication of issues; pre-trial motions [motions in limine etc].
16. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Written Discovery - form - special interrogatories, request for
production, request for admissions etc. March 2023
Defendant Deposition of witnesses May 2023
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. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5
CM-110
PLAINTIFF/PETITIONER: Robert T. Elliott CASE NUMBER:
21CV003944
DEFENDANT/RESPONDENT:
Mechanics Bank, successor by merger to Rabobank, N.A.
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. 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. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of
Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
The parties have engaged in early resolution discussions that partly dealt with issues under rule 3.724, however,
there remains further discussions per said rule.
20. Total number of pages attached (if any): 1
I 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 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: Digitally signed by
November 18, 2022 Matthew Scott Kennedy,
Esq.
Date: 2022.11.18
Matthew S. Kennedy, Esq. /s/ Matthew S. Kennedy, Esq. 13:34:12 -08'00'
(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. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5
1 PROOF OF SERVICE
2 Elliott v. Mechanics Bank, etc., et al.
MCSC Case No. 21 CV 003944
3
STATE OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO
4
I am employed in the County of San Luis Obispo, State of California. I am over the age
5 of 18 and not a party to the within action; my business address is Post Office Box 1031, San Luis
Obispo, California 93406-1031.My electronic service address is msk@KennedyLawRealty.com.
6
On November 18, 2022, I served the foregoing document described as “Defendant
7 Mechanics Bank’s Case Management Statement” on the interested parties in this action
addressed as follows:
8 SEE ATTACHED MAILING LIST
9 The following is the procedure in which service of this document was effected:
10 BY MAIL: I am “readily familiar” with the firm’s practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal
11 Service on that same day with postage thereon fully prepaid at Carlsbad, California, in the
ordinary course of business. I am aware that on motion of the party served, service is
12 presumed invalid if postal cancellation date or postage meter date is more than one day
after date of deposit for mailing in affidavit.
13
BY OVERNIGHT DELIVERY: I deposited such envelope, with delivery fees paid or
14 provided for, in a box or other facility regularly maintained by UPS/Federal Express, or
delivered to a driver or courier authorized by UPS/Federal Express to receive documents.
15
BY E-MAIL: I caused this document to be transmitted via e-mail to the e-mail address(es)
16 listed for the addressee(s). The document is being transmitted via e-mail pursuant to
agreement of counsel authorizing service of the document via e-mail; or The document
17 is being transmitted via e-mail as a courtesy only and not pursuant to any stipulation of
counsel authorizing service of the document via e-mail.
18
BY E-MAIL: Pursuant to Code of Civil Procedure section 1010.6 and California
19 Rules of Court, rule 2.251, I caused this document to be transmitted via e-mail to the
e-mail address(es) listed for the addressee(s). No electronic message or other indication
20 that the transmission was unsuccessful was received within a reasonable time after the
transmission.
21 ELECTRONIC SERVICE: Pursuant to California Rules of Court, Rules 2.250 et seq.
and 2.251(a)(2)(B) and California Code of Civil Procedure section 1010.6(C)(2). The
22 document was submitted to Odyssey eFileCA to be electronically filed with the above
referenced California Superior Court (the “Court”) and Odyssey eFileCA was instructed
23 to electronically serve the document; or The document is being transmitted via Odyssey
eFileCA as a courtesy only and not pursuant to any stipulation of counsel authorizing
24 service of the document via e-mail.
25 Executed on November 18, 2022, at San Luis Obispo, California.
I declare under penalty of perjury under the laws of the State of California that the above
26 is true and correct.
27 By: Matthew S. Kennedy /s/ Matthew S. Kennedy (C.R.C. 2.257)
28 Digitally signed by Matthew
Scott Kennedy, Esq.
Date: 2022.11.18 13:34:41
-08'00'
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Elliott v. Mechanics Bank etal.
Monterey Co. Sup. Ct. Case No. 21CV003944
POS Def. Mechanics Bank CMC Statement
1 PROOF OF SERVICE MAILING LIST
2 Elliott v. Mechanics Bank, etc., et al.
Monterey County Sup. Ct. Case No: 21 CV 003944
3
Nina M. Patane, Esq. Attorney for Judgment Debtor Robert T.
4 Andrea C. Avila, Esq. Elliott
Patane Gumberg Avila, LLP
5 4 Rossi Circle, Ste 231
Salinas, CA 93907
6 Tel: 831.755.1461
Email:npatane@pglawfirm.com;
7 aavila@pglawfirm.com
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Elliott v. Mechanics Bank etal.
Monterey Co. Sup. Ct. Case No. 21CV003944
POS Def. Mechanics Bank CMC Statement
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Matthew S. Kennedy, Esq. CABN 125620 Matthew S. Kennedy, A Professional Law Corporation POB 1031 San Luis Obispo, CA 93406-1031 TELEPHONE NO.:805-544-5002 FAX NO.(Optional): 805-544-5003 E-MAIL ADDRESS:msk@KennedyLawRealty.com Defendant Mechanics Bank successor by merger to Rabobank, N.A. ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF Monterey STREET ADDRESS: 1200 Aguajito Road MAILING ADDRESS: 1200 Aguajito Road CITY AND ZIP CODE:Monterey, CA 93940 BRANCH NAME: Monterey Branch PLAINTIFF/PETITIONER: Robert T. Elliott DEFENDANT/RESPONDENT: Mechanics Bank, successor by merger to Rabobank NA CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE 21CV003944 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 2, 2022 Time: 8:30 AM Dept.: 14 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Matthew S. Kennedy, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Mechanics Bank, successor by merger to Rabobank, N.A. 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): December 20, 2021 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) have been served but have not appeared and have not been dismissed (specify names): (3) 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 the date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Breach of contract; Declaratory Relief. Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California rules 3.720–3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Robert T. Elliott CASE NUMBER: 21CV003944 DEFENDANT/RESPONDENT: Mechanics Bank, successor by merger to Rabobank, N.A. 4. b. 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 [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.) Plaintiff brings this action alleging that an agreement was formed via an email with Defendant's employee on January 23, 2014 to settle a multi-million dollar judgment against the Plaintiff in return for the amount of $140,000, and declaratory relief in regard thereto. Defendant denies Plaintiff's allegations. (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. (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. 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): Additional time is required to complete discovery following unsuccessful early settlement attempts and for filing dispositive motions [MSJ etc., by Defendant]. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): January 4 - 6, 2023 [out of area]; April 1 - 22, 2023 [out of the country]; May 12 - July 3, 2023 [out of the country]; August 1 - 22 [out of the country]; November 10, 2023 - January 6, 2024 [out of the country]; 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 2-3 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 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel 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 of 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): Exceeds jurisdiction CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER: Robert T. Elliott CASE NUMBER: 21CV003944 DEFENDANT/RESPONDENT: Mechanics Bank, successor by merger to Rabobank, N.A. 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 all 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): Mediation session not yet scheduled (1) Mediation Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): 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): Neutral evaluation not yet scheduled (3) Neutral evaluation Neutral evaluation scheduled for (date): 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): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): 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): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: Robert T. Elliott CASE NUMBER: 21CV003944 DEFENDANT/RESPONDENT: Mechanics Bank, successor by merger to Rabobank, N.A. 11. Insurance a. 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: 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 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant - Motion for Summary Judgment | adjudication of issues; pre-trial motions [motions in limine etc]. 16. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Written Discovery - form - special interrogatories, request for production, request for admissions etc. March 2023 Defendant Deposition of witnesses May 2023 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. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: Robert T. Elliott CASE NUMBER: 21CV003944 DEFENDANT/RESPONDENT: Mechanics Bank, successor by merger to Rabobank, N.A. 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. 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. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): The parties have engaged in early resolution discussions that partly dealt with issues under rule 3.724, however, there remains further discussions per said rule. 20. Total number of pages attached (if any): 1 I 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 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: Digitally signed by November 18, 2022 Matthew Scott Kennedy, Esq. Date: 2022.11.18 Matthew S. Kennedy, Esq. /s/ Matthew S. Kennedy, Esq. 13:34:12 -08'00' (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. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 1 PROOF OF SERVICE 2 Elliott v. Mechanics Bank, etc., et al. MCSC Case No. 21 CV 003944 3 STATE OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO 4 I am employed in the County of San Luis Obispo, State of California. I am over the age 5 of 18 and not a party to the within action; my business address is Post Office Box 1031, San Luis Obispo, California 93406-1031.My electronic service address is msk@KennedyLawRealty.com. 6 On November 18, 2022, I served the foregoing document described as “Defendant 7 Mechanics Bank’s Case Management Statement” on the interested parties in this action addressed as follows: 8 SEE ATTACHED MAILING LIST 9 The following is the procedure in which service of this document was effected: 10 BY MAIL: I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal 11 Service on that same day with postage thereon fully prepaid at Carlsbad, California, in the ordinary course of business. I am aware that on motion of the party served, service is 12 presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 13 BY OVERNIGHT DELIVERY: I deposited such envelope, with delivery fees paid or 14 provided for, in a box or other facility regularly maintained by UPS/Federal Express, or delivered to a driver or courier authorized by UPS/Federal Express to receive documents. 15 BY E-MAIL: I caused this document to be transmitted via e-mail to the e-mail address(es) 16 listed for the addressee(s). The document is being transmitted via e-mail pursuant to agreement of counsel authorizing service of the document via e-mail; or The document 17 is being transmitted via e-mail as a courtesy only and not pursuant to any stipulation of counsel authorizing service of the document via e-mail. 18 BY E-MAIL: Pursuant to Code of Civil Procedure section 1010.6 and California 19 Rules of Court, rule 2.251, I caused this document to be transmitted via e-mail to the e-mail address(es) listed for the addressee(s). No electronic message or other indication 20 that the transmission was unsuccessful was received within a reasonable time after the transmission. 21 ELECTRONIC SERVICE: Pursuant to California Rules of Court, Rules 2.250 et seq. and 2.251(a)(2)(B) and California Code of Civil Procedure section 1010.6(C)(2). The 22 document was submitted to Odyssey eFileCA to be electronically filed with the above referenced California Superior Court (the “Court”) and Odyssey eFileCA was instructed 23 to electronically serve the document; or The document is being transmitted via Odyssey eFileCA as a courtesy only and not pursuant to any stipulation of counsel authorizing 24 service of the document via e-mail. 25 Executed on November 18, 2022, at San Luis Obispo, California. I declare under penalty of perjury under the laws of the State of California that the above 26 is true and correct. 27 By: Matthew S. Kennedy /s/ Matthew S. Kennedy (C.R.C. 2.257) 28 Digitally signed by Matthew Scott Kennedy, Esq. Date: 2022.11.18 13:34:41 -08'00' -1- Elliott v. Mechanics Bank etal. Monterey Co. Sup. Ct. Case No. 21CV003944 POS Def. Mechanics Bank CMC Statement 1 PROOF OF SERVICE MAILING LIST 2 Elliott v. Mechanics Bank, etc., et al. Monterey County Sup. Ct. Case No: 21 CV 003944 3 Nina M. Patane, Esq. Attorney for Judgment Debtor Robert T. 4 Andrea C. Avila, Esq. Elliott Patane Gumberg Avila, LLP 5 4 Rossi Circle, Ste 231 Salinas, CA 93907 6 Tel: 831.755.1461 Email:npatane@pglawfirm.com; 7 aavila@pglawfirm.com 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- Elliott v. Mechanics Bank etal. Monterey Co. Sup. Ct. Case No. 21CV003944 POS Def. Mechanics Bank CMC Statement