Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
T. Scott Belden, SBN 184387
Brian J. Hill, SBN 343167
Belden Blaine Raytis, LLP
5016 California Avenue, Suite 3
Bakersfield, CA 93309
TELEPHONE NO.: 661-864-7826 FAX NO. (Optional): 661-878-9797
E-MAIL ADDRESS:brian@bbr.law / scott@bbr.law
ATTORNEY FOR (Name): Defendants
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern
STREET ADDRESS:1215 Truxtun Avenue
Same
MAILING ADDRESS:
Bakersfield, 93301
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER: Rexel USA, Inc. dba Platt Electric
DEFENDANT/RESPONDENT: WP Electric LLC et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE BCV-22-101540-JEB
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 27, 2022 Time: 8:30am Dept.: Div.: J Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):
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): WP Electric LLC; Wes Pollard; American Contractor Indemnity Company
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):
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 date by which
they may be served):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action):
Complaint Causes of Action: Breach of Contract; Money on Open Book Account; Account Stated in Writing; Goods Sold and
Delivered; Suit Upon Contractors License Bond; and Breach of Guaranty.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Rexel USA, Inc dba Platt Electric Supply CASE NUMBER:
DEFENDANT/RESPONDENT: BCV-22-101540-JEB
WP Electric LLC; Wes Pollard; American Contractor Indemnity Co.
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 alleges breach of contract for unpaid supplies rendered to Defendants.
(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 triaI 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. (if
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
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
1/17/23, 1/23/23, 2/21/23, 3/13/23, 3/20/23, 3/27/23, 4/24/23, 5/1/23, 5/8/23, 5/15/23, 6/5/23, 7/31/23, 8/7/23, 8/14/23,
8/21/23, 9/18/23, 12/4/23 and 1/8/24 (trial in other matters)
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 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 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):
CM-110 [Rev. September 1, 2021] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Rexel USA, Inc dba Platt Electric Supply CASE NUMBER:
DEFENDANT/RESPONDENT: BCV-22-101540-JEB
WP Electric LLC; Wes Pollard; American Contractor Indemnity Co.
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
Mediation session scheduled for (date):
(1) Mediation
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 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
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date): 12-14-2021
CM-110 [Rev. September 1, 2021] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Rexel USA, Inc dba Platt Electric Supply CASE NUMBER:
DEFENDANT/RESPONDENT: BCV-22-101540-JEB
WP Electric LLC; Wes Pollard; American Contractor Indemnity Co.
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: Pending
13. Related cases, consolidation, and coordination
a. x There are companion, underlying, or related cases.
(1) Name of case:Rexel USA, Inc. a Delaware Corporation v. WP Electric, LLC et al.
(2) Name of court: Superior Court for the County of Kern
(3) Case number:BCV-22-102389
(4) Status: Pending
x Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII 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
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
Defendants Written Discovery Per Code
Defendants Depositions Per Code
Defendants 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] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Rexel USA, Inc dba Platt Electric Supply CASE NUMBER:
DEFENDANT/RESPONDENT: BCV-22-101540-JEB
WP Electric LLC; Wes Pollard; American Contractor Indemnity Co.
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):
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: December 12, 2022
Brian J. Hill
(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] Page 5 of 5
CASE MANAGEMENT STATEMENT
CASE NUMBER:
SHORT TITLE:
Rexel USA, Inc. adv. WP Electric LLC, et al. BCV-22-101540-JEB
1 ATTACHMENT 13a
2
3 The additional companion, underlying or related case:
4 (1) Name of case: Rexel USA, Inc. v. WP Electric LLC et al.
5 (2) Name of court: Superior Court of California, County of Kern
6 (3) Case number: BCL-22-014372
7 (4) Status: Pending
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26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line
numbers):
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This page may be used with any Judicial Council form or any other paper filed with the court. 1
Page
Form Approved by the ADDITIONAL PAGE
Judicial Council of California Attach to Judicial Council Form or Other Court Paper CRC 201, 501
MC-020 [New January 1, 1987]
1 Case No. bcv-22-101540
2 PROOF OF SERVICE
3 STATE OF CALIFORNIA, COUNTY OF KERN
4 I am employed in the County of Kern, State of California. I am over the age of eighteen
5 years and not a party to the within action; my business address is 5016 California Ave., Suite 3,
6 Bakersfield, CA 93309. My email address is coliver@bbr.law.
7 On December 12, 2022, I served the following document(s) described as
8 CASE MANAGEMENT STATEMENT
9 on the interested parties in this action by placing a copy thereof enclosed in sealed envelopes
10 addressed as follows:
11 Steven R. Stoker, Esq. Attorneys for Plaintiff,
PASCUZZI, PASCUZZI & STOKER Rexel USA, Inc.
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2377 West Shaw Avenue, Ste. 101
13 Fresno, CA 93711
Email: sstoker@pascuzzi.net
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X BY ELECTRONIC MAIL Pursuant to California Rules of Court, rule 2.251, I served the
15 forgoing document electronically on the interested parties at the email addresses listed.
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X BY MAIL I enclosed such document in sealed envelope(s) with the name(s) and address(s) of
17 the person(s) served as shown on the envelope(s) and caused such envelope(s) to be deposited in
the mail at Bakersfield, California. The envelope(s) was/were mailed with postage thereon fully prepaid.
18 I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing.
19 It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am
aware that on motion of party, service is presumed invalid if postal cancellation date or postage meter
20 date is more than one day after date of deposit for mailing in affidavit.
21 Executed on December 12, 2022, at Bakersfield, California.
22 I declare under penalty of perjury under the laws of the State of California that the
23 foregoing is true and correct.
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25 Cindy Oliver
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