Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Sar number and adaress}
Jerry Pearson, Esq., SBN 179773 SBN: FOR COURT USE ONLY
THE LAW OFFICES YOUNG WOOLDRIDGE, LLP
1800 30th Street, 4th Floor
Bakersfield, CA 93301
TeLeprone no. 661 327 9661 FAXNO (Optional)
E-MAIL ADDRESS
ATTORNEY FOR (Name). Defendants
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern
staseraooress = {21/5 Truxtun Avenue
MAILING ADDRESS:
ory xo zP Come Bakersfield, CA 93301
BRANCH NAVE. Metropolitan Division
PLAINTIFF/PETITIONER: Leevia Hernandez,
DEFENDANTIRESPONDENT: Bakersfield Athletic Supply & Equipment, etc.
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one); %} UNLIMITED CASE [_j LIMITED CASE
(Amount demanded (Amount demanded is $25,000 . .
exceeds $25,000) or less) BCV-22-101456 BCB
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 19, 2022 Time:8:30 am Dept: Div.:H Room
Address of court (if different from the address above):
x_] Notice of Intent to Appear by Telephone, by (name): Jerry Pearson
iNSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided,
1. Party or parties (answer one)
a, [iz] This statement is submitted by party (name): Bakersfield Athletic Supply & Equipment/Steve Casey
b. [7] 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-compiainanis only)
a. Ail 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 date by which
they may be served):
4. Description of case
a. Type ofcasein [_x | complaint eross-complaint (Describe, including causes of action):
Wage and hour, wrongful termination, breach of contract
Page 1 of §
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT
Judietal Counc of Calfornsa
CM-H10 [Rev September 7. 2021]
Cal, Rules of Court,
rules 3.720-3.730
serets courts ca gov
Westlaw Doc & Fors Builder:CM-110
PLAINTIFF/PETITIONER: Leevia Hernandez CASE NUMBER
DEFENDANTIRESPONDENT: Bakersfield Athletic Supply & Equipment, ete BCV-22-101456 BCB
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 medica! expenses to date findizate 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 alleges she was an employee of defendant BASE and alleges she was wrongfully terminated, is owed wages
and reimbursement for expenses incurred, among other things, while performing work for BASE. BASE and Steve
Casey deny all allegations in plaintiff's complaint in its entirety.
(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 [x] a jury trial anonjury 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):
¢. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Apnil 3-10, 2023; April 11-15, 2023; May 1-10, 2023; July 10-16, 2023; Aug 14-18, 2023
7. Estimated fength of trial
The party or parties estimate that the trial will take (check one):
a. [[x] 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 X_] by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
@.
8.
|| Telephone number: f. Fax number:
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 rie 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 [7x ] has has net 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 rute 3.221
b. Referral to judicial arbitration or civil action mediation (i available)
(4) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.14 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 1144.14
(3) (J This case is exempt from judicial arbitration under rufe 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption). Amount in controversy
Exceeds the jurisdictional limits of 3.811
EMO Rev, Saprerber 1. 2021] CASE MANAGEMENT STATEMENT
Page 2 0f5CM-110
PLAINTIFF/PETITIONER: | eevia Hemandez CASE NUMBER
DEFENDANTIRESPONDENT: Bakersfield Athletic Supply & Equipment, etc BCV-22-101456 BCB
10. c. Indicate the ADR process or pracesses that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check aif 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
ithis form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR __jindicate the status of the processes (attach a copy of the parties’ ADR
processes (check all that apply): |stipulation):
x | Mediation session not yet scheduled
Mediation session scheduled for (date).
1) Mediation x
(1) Me 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
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation compfeted en (date):
Judiciai 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 en (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (dafe):
ADR completed on (date):
MANO Rew. Sepiersber 1. 2021) CASE MANAGEMENT STATEMENT Page $01 §CM-110
PLAINTIFF/PETITIONER: Leevia Hernandez CASE NUMBER:
DEFENDANTIRESPONDENT: Bakersfield Athletic Supply & Equipment, ete BCV-22-101456 BCB
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 | Cther (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 bifureating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons}:
18, Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motion for Summary Judgment and or Adjudication
16. Discovery
a The party or parties have completed all discovery.
b x] The following discovery wilt be comnpieted by the date specified (describe aif anticipated discovery).
ty Date
To plaintiff Form and Special Interrogatories:; RTP; RFA Sept 2023
Depositions
c The following discovery issues, inciuding issues regarding the discovery of electronically stored information, are
anticipated (specify):
CMO ew. September 4.2024) CASE MANAGEMENT STATEMENT Page dotsCM-110
PLAINTIFF/PETITIONER: | eevia Hernandez CASE NUMBER
DEFENDANTIRESPONDENT: Bakersfield Athletic Supply & Equipment, etc BCV-22-101456 BCB
17. Economic litigation
a This is a limited civil case (i.e., the armount demanded is $25,000 or less) and the economic titigation 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 tre case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating fo discovery or triat
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):
20, Total number of pages attached (if any):
| am completely familiar with this case and will be fully prepared to discuss the Status of discokery 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. \
A
Date: November ay, Ie \
Jerry Pearson, Esa » \
(TYPE OR PRINT NAMES
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRIAT NAME) (SIGNATURE GF PARTY OR ATTORNEY)
natures are attached.
CN-410 (Rev. Septerrber 1. 2021) CASE MANAGEMENT STATEMENT Page 5 of §INCLUDING PROFESSIONAL CORPORATIONS,
Westchester Corporate Plaza * 1800 30" Street, Fourth Floor # Bakersfield. CA 93301-5298 « Telephone 661-327-9661 © Facsimile 661-327-1087 « hittn:/Avww.voungwooldridge.com
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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF KERN
I, LeAnn Banducci, declare: | am and was at the times of the service hereunder mentioned,
over the age of eighteen (18) years, and not a party to the within cause. My business address is
1800 30th Street, Fourth Floor, Bakersfield, CA 93301.
On November , 2022, I caused to be served the below listed document(s) entitled
as: DEFENDANTS’ CASE MANAGEMENT STATEMENT on the interested parties in this
action, as listed below:
Ben Rothman, Esq.
10100 Venice Blvd
Culver City, CA 90232
ben@santamonicainjurvlawyer.com
[X] (BY ELECTRONIC SERVICE) on the date indicated below, pursuant to C.C.P. Section
1010.6; 1013(g), I caused such document to be electronically delivered to the recipient via
electronic service.
I decfare under penalty of perjury under the laws of the State of California that th
foregoing is true and correct.
Executed on November 9h 20, at Bakersfield: California.
LEANN BANDUCCI
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Sar number and adaress} Jerry Pearson, Esq., SBN 179773 SBN: FOR COURT USE ONLY THE LAW OFFICES YOUNG WOOLDRIDGE, LLP 1800 30th Street, 4th Floor Bakersfield, CA 93301 TeLeprone no. 661 327 9661 FAXNO (Optional) E-MAIL ADDRESS ATTORNEY FOR (Name). Defendants SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern staseraooress = {21/5 Truxtun Avenue MAILING ADDRESS: ory xo zP Come Bakersfield, CA 93301 BRANCH NAVE. Metropolitan Division PLAINTIFF/PETITIONER: Leevia Hernandez, DEFENDANTIRESPONDENT: Bakersfield Athletic Supply & Equipment, etc. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one); %} UNLIMITED CASE [_j LIMITED CASE (Amount demanded (Amount demanded is $25,000 . . exceeds $25,000) or less) BCV-22-101456 BCB A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 19, 2022 Time:8:30 am Dept: Div.:H Room Address of court (if different from the address above): x_] Notice of Intent to Appear by Telephone, by (name): Jerry Pearson iNSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided, 1. Party or parties (answer one) a, [iz] This statement is submitted by party (name): Bakersfield Athletic Supply & Equipment/Steve Casey b. [7] 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-compiainanis only) a. Ail 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 date by which they may be served): 4. Description of case a. Type ofcasein [_x | complaint eross-complaint (Describe, including causes of action): Wage and hour, wrongful termination, breach of contract Page 1 of § Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Judietal Counc of Calfornsa CM-H10 [Rev September 7. 2021] Cal, Rules of Court, rules 3.720-3.730 serets courts ca gov Westlaw Doc & Fors Builder:CM-110 PLAINTIFF/PETITIONER: Leevia Hernandez CASE NUMBER DEFENDANTIRESPONDENT: Bakersfield Athletic Supply & Equipment, ete BCV-22-101456 BCB 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 medica! expenses to date findizate 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 alleges she was an employee of defendant BASE and alleges she was wrongfully terminated, is owed wages and reimbursement for expenses incurred, among other things, while performing work for BASE. BASE and Steve Casey deny all allegations in plaintiff's complaint in its entirety. (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 [x] a jury trial anonjury 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): ¢. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Apnil 3-10, 2023; April 11-15, 2023; May 1-10, 2023; July 10-16, 2023; Aug 14-18, 2023 7. Estimated fength of trial The party or parties estimate that the trial will take (check one): a. [[x] 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 X_] by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: @. 8. || Telephone number: f. Fax number: 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 rie 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 [7x ] has has net 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 rute 3.221 b. Referral to judicial arbitration or civil action mediation (i available) (4) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.14 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 1144.14 (3) (J This case is exempt from judicial arbitration under rufe 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption). Amount in controversy Exceeds the jurisdictional limits of 3.811 EMO Rev, Saprerber 1. 2021] CASE MANAGEMENT STATEMENT Page 2 0f5CM-110 PLAINTIFF/PETITIONER: | eevia Hemandez CASE NUMBER DEFENDANTIRESPONDENT: Bakersfield Athletic Supply & Equipment, etc BCV-22-101456 BCB 10. c. Indicate the ADR process or pracesses that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check aif 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 ithis form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR __jindicate the status of the processes (attach a copy of the parties’ ADR processes (check all that apply): |stipulation): x | Mediation session not yet scheduled Mediation session scheduled for (date). 1) Mediation x (1) Me 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 Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation compfeted en (date): Judiciai 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 en (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (dafe): ADR completed on (date): MANO Rew. Sepiersber 1. 2021) CASE MANAGEMENT STATEMENT Page $01 §CM-110 PLAINTIFF/PETITIONER: Leevia Hernandez CASE NUMBER: DEFENDANTIRESPONDENT: Bakersfield Athletic Supply & Equipment, ete BCV-22-101456 BCB 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 | Cther (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 bifureating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons}: 18, Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motion for Summary Judgment and or Adjudication 16. Discovery a The party or parties have completed all discovery. b x] The following discovery wilt be comnpieted by the date specified (describe aif anticipated discovery). ty Date To plaintiff Form and Special Interrogatories:; RTP; RFA Sept 2023 Depositions c The following discovery issues, inciuding issues regarding the discovery of electronically stored information, are anticipated (specify): CMO ew. September 4.2024) CASE MANAGEMENT STATEMENT Page dotsCM-110 PLAINTIFF/PETITIONER: | eevia Hernandez CASE NUMBER DEFENDANTIRESPONDENT: Bakersfield Athletic Supply & Equipment, etc BCV-22-101456 BCB 17. Economic litigation a This is a limited civil case (i.e., the armount demanded is $25,000 or less) and the economic titigation 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 tre case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating fo discovery or triat 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): 20, Total number of pages attached (if any): | am completely familiar with this case and will be fully prepared to discuss the Status of discokery 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. \ A Date: November ay, Ie \ Jerry Pearson, Esa » \ (TYPE OR PRINT NAMES (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRIAT NAME) (SIGNATURE GF PARTY OR ATTORNEY) natures are attached. CN-410 (Rev. Septerrber 1. 2021) CASE MANAGEMENT STATEMENT Page 5 of §INCLUDING PROFESSIONAL CORPORATIONS, Westchester Corporate Plaza * 1800 30" Street, Fourth Floor # Bakersfield. CA 93301-5298 « Telephone 661-327-9661 © Facsimile 661-327-1087 « hittn:/Avww.voungwooldridge.com £ S 2 zg Ez 3 3 8 5 5 = Young Wooldridge, LLP Se DMN — PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF KERN I, LeAnn Banducci, declare: | am and was at the times of the service hereunder mentioned, over the age of eighteen (18) years, and not a party to the within cause. My business address is 1800 30th Street, Fourth Floor, Bakersfield, CA 93301. On November , 2022, I caused to be served the below listed document(s) entitled as: DEFENDANTS’ CASE MANAGEMENT STATEMENT on the interested parties in this action, as listed below: Ben Rothman, Esq. 10100 Venice Blvd Culver City, CA 90232 ben@santamonicainjurvlawyer.com [X] (BY ELECTRONIC SERVICE) on the date indicated below, pursuant to C.C.P. Section 1010.6; 1013(g), I caused such document to be electronically delivered to the recipient via electronic service. I decfare under penalty of perjury under the laws of the State of California that th foregoing is true and correct. Executed on November 9h 20, at Bakersfield: California. LEANN BANDUCCI