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  • Candace Dekkert vs Paul Latala, et al(06) Unlimited Breach of Contract / Warranty document preview
  • Candace Dekkert vs Paul Latala, et al(06) Unlimited Breach of Contract / Warranty document preview
  • Candace Dekkert vs Paul Latala, et al(06) Unlimited Breach of Contract / Warranty document preview
  • Candace Dekkert vs Paul Latala, et al(06) Unlimited Breach of Contract / Warranty document preview
  • Candace Dekkert vs Paul Latala, et al(06) Unlimited Breach of Contract / Warranty document preview
  • Candace Dekkert vs Paul Latala, et al(06) Unlimited Breach of Contract / Warranty document preview
  • Candace Dekkert vs Paul Latala, et al(06) Unlimited Breach of Contract / Warranty document preview
  • Candace Dekkert vs Paul Latala, et al(06) Unlimited Breach of Contract / Warranty document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS: ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Time: Dept.: Div.: 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): 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): 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 LexisNexis® Automated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 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.) (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): 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 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 LexisNexis® Automated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 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): CM-110 [Rev. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 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 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 (specify moving party, type of motion, and issues): The party or parties expect to file the following motions before trial 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 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 LexisNexis® Automated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 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): 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: (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 LexisNexis® Automated California Judicial Council Forms PROOF OF SERVICE 1 [C.C.P. §§ 1010.6, 1013, 1013b, 2015.5; Cal. Rules of Court, Rules 2.251, 2.257] 2 Dekkert v. Latala, et al. 3 Pursuant to C.C.P. § 1013b, subd. (a)(1)&(3), I, the undersigned, declare (A) my business address is 1741 Technology Drive, San Jose, California 95110; (B) I am employed in 4 the Contra Costa County, California, the county where the electronic service occurs; (C) I am 5 over the age of 18 years and not a party to this action; (D) I am readily familiar with the business’ practice for filing electronically; and (E) that the document(s) identified below will 6 be electronically served on the date below in the ordinary course of business following ordinary business practices. 7 8 On the date listed below, I caused a true copy of the following document(s) to be served in this action upon the person(s) set forth below, by the method indicated. 9 DOCUMENT SERVED: CASE MANAGEMENT STATEMENT 10 11 SERVED ON: 12 Attorney for Plaintiff Co-Counsel for Paul Latala and Latala 13 Homes John P. Hannon II 14 Law Offices of John P. Hannon II Nora A. Boardman, Esq. 273 Knappton Road Naselle, WA 98638 Law Offices of John A. Hauser 15 One Point Drive, 6th Floor Phone: (831) 239-4898 16 E-mail: jph3003@yahoo.com Brea, CA 92821 Mailing address: PO Box 2282 17 Brea, CA 92822 Tel: (714) 571-0407 18 Fax: (877) 369-5799 19 Direct: (714) 371-2740 Email: nora.boardman@thehartford.com 20 Jessica.Avalos@thehartford.com LawOfficesHauser@thehartford.com 21 22 Xavier Sanchez Construction 23 Jeffrey Stewart, Esq. Law Offices of Karen M. Johnson 24 17771 Cowan, Ste 260 25 Irvine, CA 92614 Tel: (949) 590-4065 26 Fax: (949) 774-4241 Email: Jeffrey.stewart@amtrustgroup.com 27 28 1 (ONLY BY ELECTRONIC SERVICE) Only by emailing the document(s) to the 1 persons at the e-mail address(es) above. This is necessitated during the declared National 2 Emergency due to the Coronavirus (COVID-19) pandemic because this office will be working remotely, not able to send physical mail as usual, and is therefore only using electronic 3 mail. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. We will provide a physical copy, upon 4 request only, when we return to the office at the conclusion of the national emergency. This 5 is further authorized by C.C.P. § 1010.6 (Electronic service by parties or court; Adoption of local rules; Adoption of uniform rules); C.C.P. § 1013 (Manner and completion of service by 6 mail, Express Mail, facsimile transmission, or electronically); C.C.P. § 1013b (Proof of 7 electronic service); C.C.P. § 2015.5 (Use of unsworn statements; Form); Cal. Rules of Court, Rule 2.251 (Electronic Service); Cal. Rules of Court, Rule 2.257 (Requirements for signatures 8 on documents). 9 I declare under penalty of perjury, under the laws of the State of California, that the 10 foregoing is true and correct. 11 Executed at San Jose, California on January 17, 2023. 12 Karen Okasaki_______________ 13 KAREN OKASAKI 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2