Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
David R. Griffith, Esq. 170172
Griffith & Horn, LLP
1530 Humboldt Rd., Ste. 3
Chico, CA 95928
TELEPHONE NO.: (530) 812-1000 FAX NO.(Optional): (530) 809-1093
david@davidgriffithlaw.com
E-MAIL ADDRESS:
ATTORNEY FOR (Name): Defendants/Cross-Complainants
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte
STREET ADDRESS: 1775 Concord Avenue 12/6/2022
MAILING ADDRESS:
CITY AND ZIP CODE:Chico, CA 95928
BRANCH NAME:
PLAINTIFF/PETITIONER: Magneson Tractor Service, Inc.
DEFENDANT/RESPONDENT: Cari Phipps
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE X LIMITED CASE 20CV02161
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 12/21/2022 Time: 10:30 a.m. Dept.: 6 Div.: TBA Room: TBA
Address of court (if different from the address above):
X Notice of Intent to Appear by Telephone, by (name): David R. Griffith, 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):
b. X This statement is submitted jointly by parties (names): Defendant/X-Complainant Phipps as Trustee of the
Phipps Family Trust, u/a dated May 7, 2018, and as Successor-in-Interest to Cari Phipps
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 10/30/2020
b. X The cross-complaint, if
any, was filed on (date): 11/25/2021
3. Service (to be answered by plaintiffs and cross-complainants only)
a. X 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 X cross-complaint (Describe, including causes of action):
1) Breach of Contact; 2) Negligence; 3) Common Count
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
Phipps, Cari & Stewart, Becki
CM-110
PLAINTIFF/PETITIONER: Magneson Tractor Service, Inc. CASE NUMBER:
20CV02161
DEFENDANT/RESPONDENT: Cari Phipps
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.)
The Parties contracted for preparation of land in Chico CA for manufactured home pad. Plaintiff claims work was
performed and Defendants breached by failing to pay. Defendant/Cross-Complainant claim work was performed
improperly, and Plaintiff is in breach negligent for failure to perform and or was negligent.
(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 X 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. 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):Parties have settled this matter and submitted Stipulation and Order to Retain Jurisdiction After
Dismissal, Lodged by the Court on 11/08/2022
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number):
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 X 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):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5
Phipps, Cari & Stewart, Becki
CM-110
PLAINTIFF/PETITIONER: Magneson Tractor Service, Inc. CASE NUMBER:
20CV02161
DEFENDANT/RESPONDENT: Cari Phipps
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 X Mediation session scheduled for (date):
Agreed to complete mediation by (date):
X Mediation completed on (date): 10/27/2022
X Settlement conference not yet scheduled
(2) Settlement
X 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
Phipps, Cari & Stewart, Becki
CM-110
PLAINTIFF/PETITIONER: Magneson Tractor Service, Inc. CASE NUMBER:
20CV02161
DEFENDANT/RESPONDENT: Cari Phipps
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. Coverage issues willsignificantly
affectresolution 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):
16. Discovery
a. X 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
Vincent Phipps, Trustee & Hardcopy Discovery Per CCP
Successor in Interest Oral Depositions Per CCP
Expert Witness Discovery Per CCP
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
Phipps, Cari & Stewart, Becki
CM-110
PLAINTIFF/PETITIONER: Magneson Tractor Service, Inc. CASE NUMBER:
20CV02161
DEFENDANT/RESPONDENT: Cari Phipps
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): Parties have settled this matter and submitted Stipulation and Order to Retain Jurisdiction
After Dismissal, Lodged by the Court on 11/08/2022
19. Meet and confer
a. X 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 ___ 6 2022
David R. Griffith, Esq.
(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
Phipps, Cari & Stewart, Becki
1 PROOF OF SERVICE
2 I, the below signed, declare:
3 I am employed in the County of Butte, State of California, I am over 18 years of age and am not
a party to the within action; my business address is 1530 Humboldt Road, Suite 3, Chico, California
4 95928. On this date, I served the foregoing document described as:
5 CASE MANAGEMENT STATEMENT
6 Said document was served on the interested party or parties in this action by placing a true copy
of the original document, enclosed in a sealed envelope, and addressed as noted below.
7
Stacie L. Power, Esq.
8 Power Lw P.C.
1058 Mangrove Street, Suite C
9 Chico, CA 95926
Email: stacie@powerlawpc.com
10
I am familiar with our firm's practice of collection and processing correspondence for mailing.
11 Under that practice it would be deposited with the U.S. Postal Service on that same day with postage
thereon fully prepaid at Chico, California in the ordinary course of business. I am aware that on motion
12 of the party served, service is presumed invalid if the postal cancellation date or postage meter date is
more than one working day after the date of deposit for mailing in this declaration.
13
14
: (By Electronic Mail) Such document was delivered by electronic mail to the person(s) at the
address(es) set forth above, pursuant to CCP §1010.6(e) or by mutual consent of the parties.
15
I declare under penalty of perjury under the laws of the State of California that the above is true
16 and correct. I further declare that I made the service set forth herein on the date set forth below.
17
Executed on December ___ 6 2022, at Chico, California.
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19 By: ____________________________
Lucy Knorr
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