Preview
CM-110
ATTORNEY on PARTY INITHOUT ATTORNEY (Name, State Bar number, and address):
083 218847 FOR COURT USE ONLY
Joseph West. Esq.
The Law Office of Joseph West
6716 N Cedar Ave., Ste 210
Fresno, CA 93710
l: F
Sum-Iii" GUUIILIICaI'rI'tIIIlIi.
Cami-l..- Elf EUHE
TELEPHONE No.2
(310) 478-0890 (310) 473-5010
FAX N0. (Optional):
I l
E-MAIL ADDRESS (Optional).'
jw@wlfofca.com 1/5/2023
Blake Johnstron
ATrORNEY FOR (Name): '- L
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:1775 Concord Avenue
BUTTE E E
MAILING ADDRESS: B El ll ChE'f'l'I D
Chico 95928
CITY AND ZIP CODE:
9'1" mm?
BRANCH NAME: North Butte County Court house FEED
Eleg,¢-J,¢a.w
PLAINTIFF/PETITIONER: BLAKE JOHNSTON, CHERYL JOHNSTON Late Filed
DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): IX] UNLIMITED CASE |:| LIMITED CASE 2°CV°2356
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 11, 2023 Time: 10:30 AM. Dept: Div.: Room:
Address of court (if different from the address above):
(El Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: AII applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [Z] This statement is submitted by party (name): Joseph West, Esq.
b. C] This statement is submitted jointly by parties(names):
2. Complaint and cross-complaint (to be answered by plaintifis and cross-complainants only)
a. The complaint was filed on (date): December 31 , 2020
b. [:1 The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintifi's and cross-complainants only)
a. |:| All parties named in the complaint and cross-complaint have been sewed, have appeared, or have been dismissed.
b. Ill The following parties named in the complaint or cross-complaint
(1) E 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) CI have had a default entered against them (specifir names):
c. CI The following additional parties may be added (special names, nature of involvement in case, and date by which
be
they may served):
4. Description of case
a. Type of case in IE] complaint |:| cross-complaint (Describe, including causes of action):
(1) Breach of Contract; and (2) Breach of Implied Covenant of Good and Faith Dealing
Page1ct5
Fm" '°' "mam "5"
Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.7204730
CM-110 [Rem July 1, 2011]
www.murts.ca.gov
CM-1 10
PLAINTIFF/PETITIONER: BLAKE JOHNSTON, CHERYL JOHNSTON cAse NUMBER:
DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS -
200V02366
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
eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
5.
EJury (If more space is needed, check this box and attach a page designated as Attachment 4b.)
or nonjury trial
a. The party or parties request
requesting a jury trial).'
a jury trial E a nonjury trial.(If more than one party, provide the name of each party
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):
C. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons
01/09/2023 Trial; 01/23/2023 Trial; 02/06/2023 Trial; 03/27/2023 Trial; 06/20/2023 Trial; 10/10/2023 forunavailability):
Trial; 10/30l2023 Trial;
11/03/2023 Trial; 11/13/2023 Trial; 11/06/2023 Trial;
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. E days (specify number): 5
b. E hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial
a. Attorney:
by the attorney or party listed in the captionE by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
D Additional representation is described in Attachment 8.
9. Preference
D 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 for information about the
processes available through the
court and community programs in this case.
(1)For parties represented by counsel: Counsel D has E has not
in rule 3.221 to the client and reviewed ADR options with the Client.
provided the ADR information package identified
b.
(2)For self-represented parties: Party E has E has not reviewed the ADR information package identified in rule 3.221.
Referral to judicial arbitration or civil action mediation (if available).
(1)E This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11
mediation under Code of Civil Procedure section 1775.3 because the amount in
or to civil action
controversy does not exceed the
(2)E statutory limit.
Plaintiff elects to refer this case to judicial arbitration and agrees to limit
Civil Procedure section 1141 .1 1.
recovery to the amount specified in Code of
(3)D 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. July
1.2011]
CASE MANAGEMENT STATEMENT Pasezofs
CM-110
PLAINTIFF/PETITIONER: BLAKE JOHNSTON, CHERYL JOHNSTON CASE NUMBER:
DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS 200V02366
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
III E Mediation session scheduled for (date):
(1) Mediation
E Agreed to complete mediation by (date):
E Mediation completed on (date):
E Settlement conference not yet scheduled
(2) Settlement E Settlement conference scheduled for (date):
conference
E Agreed to complete settlement conference by (date):
E Settlement conference completed on (date).'
E Neutral evaluation not yet scheduled
E Neutral evaluation scheduled for (date):
(3) Neutral evaluation
E Agreed to complete neutral evaluation by (date).'
E Neutral evaluation completed on (date):
E Judicial arbitration not yet scheduled
(4) Nonbinding judicial E Judicial arbitration scheduled for
(date):
arbitration
E Agreed to complete judicial arbitration by(date):
E Judicial arbitration completed on (date):
E Private arbitration not yet scheduled
(5) Binding private D Private arbitration scheduled for(date):
arbitration
E Agreed to complete private arbitration by (date):
E Private arbitration completed on (date):
E ADR session not yet scheduled
(6) Other (speciW):
D ADR session scheduled for (date):
Agreed to complete ADR session by (date):
E ADR completed on (date):
CM-110 [Rem July 1, 2011]
CASE MANAGEMENT STATEMENT Page 3 of 5
CM-110
PLAINTIFF/PETITIONER: BLAKE JOHNSTON. CHERYL JOHNSTON cAse NUMBER:
DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS 200V02366
11. Insurance
8- E Insurance carrier. if any, for party filing this statement (name):
b. Reservatio of rights:D Yes D No
c. E Coverage issues will significantly affect resolution of this case
(explainx
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
D Bankruptcy
Status:
E Other (specify).'
13. Related cases, consolidation, and coordination
a. E There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
E Additional cases are described in Attachment 13a.
b. E A motion to E consolidate E coordinate will be filed by (name party):
14. Bifurcation
D The party or parties intend to tile 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
D The party or parties expect to tile the following motions before trial
(specify moving party, type of motion, and issues):
16. Discovery
a. D The party or parties have completed all discovery.
b. E The following discovery will be completed by the date specified (describe all anticipated discovery):
P_a_rty Description Date
l
c. E The following discovery issues, including issues regarding the discovery of electronically stored information. are
anticipated (specify):
CM-11o [Rev July 1, 2011]
CASE MANAGEMENT STATEMENT Pese4ofs
CM-110
PLAINTIFF/PETITIONER: BLAKE JOHNSTON. CHERYL JOHNSTON CASE NUMBER:
DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS 20CV02366
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
inCode
of Civil Procedure sections 90-98 will apply to this case.
b. E 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 Iitigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
E The party or parties request that the following additional matters be considered or determined at the case management
conference (specify).'
The plaintiff request an additional 60-90 days continuance as this matter is contingent on the PG&E settlement.
19. Meet and confer
a. E 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. E After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties
(specifir).'
agree on the following
20. Total number of pages attached (if any): 0
am completely familiar with this case and will be fully prepared to discuss the status of
discovery and alternative dispute r
I
"lution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issue
t the time of
the case management conference, including the written authority of the
party where required.
Date: 01/05/2023
Joseph West, Esq. >
(TYPE OR PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY)
DJ"
(TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY)
E Additional signatures are attached.
CM~110 [Rev. July 1. 2011]
CASE MANAGEMENT STATEMENT Page 5 of 5
Preview
CM-110 ATTORNEY on PARTY INITHOUT ATTORNEY (Name, State Bar number, and address): 083 218847 FOR COURT USE ONLY Joseph West. Esq. The Law Office of Joseph West 6716 N Cedar Ave., Ste 210 Fresno, CA 93710 l: F Sum-Iii" GUUIILIICaI'rI'tIIIlIi. Cami-l..- Elf EUHE TELEPHONE No.2 (310) 478-0890 (310) 473-5010 FAX N0. (Optional): I l E-MAIL ADDRESS (Optional).' jw@wlfofca.com 1/5/2023 Blake Johnstron ATrORNEY FOR (Name): '- L SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS:1775 Concord Avenue BUTTE E E MAILING ADDRESS: B El ll ChE'f'l'I D Chico 95928 CITY AND ZIP CODE: 9'1" mm? BRANCH NAME: North Butte County Court house FEED Eleg,¢-J,¢a.w PLAINTIFF/PETITIONER: BLAKE JOHNSTON, CHERYL JOHNSTON Late Filed DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): IX] UNLIMITED CASE |:| LIMITED CASE 2°CV°2356 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 11, 2023 Time: 10:30 AM. Dept: Div.: Room: Address of court (if different from the address above): (El Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: AII applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [Z] This statement is submitted by party (name): Joseph West, Esq. b. C] This statement is submitted jointly by parties(names): 2. Complaint and cross-complaint (to be answered by plaintifis and cross-complainants only) a. The complaint was filed on (date): December 31 , 2020 b. [:1 The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintifi's and cross-complainants only) a. |:| All parties named in the complaint and cross-complaint have been sewed, have appeared, or have been dismissed. b. Ill The following parties named in the complaint or cross-complaint (1) E 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) CI have had a default entered against them (specifir names): c. CI The following additional parties may be added (special names, nature of involvement in case, and date by which be they may served): 4. Description of case a. Type of case in IE] complaint |:| cross-complaint (Describe, including causes of action): (1) Breach of Contract; and (2) Breach of Implied Covenant of Good and Faith Dealing Page1ct5 Fm" '°' "mam "5" Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.7204730 CM-110 [Rem July 1, 2011] www.murts.ca.gov CM-1 10 PLAINTIFF/PETITIONER: BLAKE JOHNSTON, CHERYL JOHNSTON cAse NUMBER: DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS - 200V02366 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 eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) 5. EJury (If more space is needed, check this box and attach a page designated as Attachment 4b.) or nonjury trial a. The party or parties request requesting a jury trial).' a jury trial E a nonjury trial.(If more than one party, provide the name of each party 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): C. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons 01/09/2023 Trial; 01/23/2023 Trial; 02/06/2023 Trial; 03/27/2023 Trial; 06/20/2023 Trial; 10/10/2023 forunavailability): Trial; 10/30l2023 Trial; 11/03/2023 Trial; 11/13/2023 Trial; 11/06/2023 Trial; 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 5 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial a. Attorney: by the attorney or party listed in the captionE by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 for information about the processes available through the court and community programs in this case. (1)For parties represented by counsel: Counsel D has E has not in rule 3.221 to the client and reviewed ADR options with the Client. provided the ADR information package identified b. (2)For self-represented parties: Party E has E has not reviewed the ADR information package identified in rule 3.221. Referral to judicial arbitration or civil action mediation (if available). (1)E This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 mediation under Code of Civil Procedure section 1775.3 because the amount in or to civil action controversy does not exceed the (2)E statutory limit. Plaintiff elects to refer this case to judicial arbitration and agrees to limit Civil Procedure section 1141 .1 1. recovery to the amount specified in Code of (3)D 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. July 1.2011] CASE MANAGEMENT STATEMENT Pasezofs CM-110 PLAINTIFF/PETITIONER: BLAKE JOHNSTON, CHERYL JOHNSTON CASE NUMBER: DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS 200V02366 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 III E Mediation session scheduled for (date): (1) Mediation E Agreed to complete mediation by (date): E Mediation completed on (date): E Settlement conference not yet scheduled (2) Settlement E Settlement conference scheduled for (date): conference E Agreed to complete settlement conference by (date): E Settlement conference completed on (date).' E Neutral evaluation not yet scheduled E Neutral evaluation scheduled for (date): (3) Neutral evaluation E Agreed to complete neutral evaluation by (date).' E Neutral evaluation completed on (date): E Judicial arbitration not yet scheduled (4) Nonbinding judicial E Judicial arbitration scheduled for (date): arbitration E Agreed to complete judicial arbitration by(date): E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private D Private arbitration scheduled for(date): arbitration E Agreed to complete private arbitration by (date): E Private arbitration completed on (date): E ADR session not yet scheduled (6) Other (speciW): D ADR session scheduled for (date): Agreed to complete ADR session by (date): E ADR completed on (date): CM-110 [Rem July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: BLAKE JOHNSTON. CHERYL JOHNSTON cAse NUMBER: DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS 200V02366 11. Insurance 8- E Insurance carrier. if any, for party filing this statement (name): b. Reservatio of rights:D Yes D No c. E Coverage issues will significantly affect resolution of this case (explainx 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. D Bankruptcy Status: E Other (specify).' 13. Related cases, consolidation, and coordination a. E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: E Additional cases are described in Attachment 13a. b. E A motion to E consolidate E coordinate will be filed by (name party): 14. Bifurcation D The party or parties intend to tile 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 D The party or parties expect to tile the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovery): P_a_rty Description Date l c. E The following discovery issues, including issues regarding the discovery of electronically stored information. are anticipated (specify): CM-11o [Rev July 1, 2011] CASE MANAGEMENT STATEMENT Pese4ofs CM-110 PLAINTIFF/PETITIONER: BLAKE JOHNSTON. CHERYL JOHNSTON CASE NUMBER: DEFENDANT/RESPONDENT: FOREMOST INSURANCE COMPANY GRAND RAPIDS 20CV02366 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 inCode of Civil Procedure sections 90-98 will apply to this case. b. E 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 Iitigation procedures relating to discovery or trial should not apply to this case): 18. Other issues E The party or parties request that the following additional matters be considered or determined at the case management conference (specify).' The plaintiff request an additional 60-90 days continuance as this matter is contingent on the PG&E settlement. 19. Meet and confer a. E 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. E After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties (specifir).' agree on the following 20. Total number of pages attached (if any): 0 am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute r I "lution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issue t the time of the case management conference, including the written authority of the party where required. Date: 01/05/2023 Joseph West, Esq. > (TYPE OR PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY) DJ" (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY) E Additional signatures are attached. CM~110 [Rev. July 1. 2011] CASE MANAGEMENT STATEMENT Page 5 of 5