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  • Stephen Sloan vs. Panoche Water District06 Unlimited - Breach of Contract/Warranty document preview
  • Stephen Sloan vs. Panoche Water District06 Unlimited - Breach of Contract/Warranty document preview
  • Stephen Sloan vs. Panoche Water District06 Unlimited - Breach of Contract/Warranty document preview
  • Stephen Sloan vs. Panoche Water District06 Unlimited - Breach of Contract/Warranty document preview
  • Stephen Sloan vs. Panoche Water District06 Unlimited - Breach of Contract/Warranty document preview
  • Stephen Sloan vs. Panoche Water District06 Unlimited - Breach of Contract/Warranty document preview
  • Stephen Sloan vs. Panoche Water District06 Unlimited - Breach of Contract/Warranty document preview
  • Stephen Sloan vs. Panoche Water District06 Unlimited - Breach of Contract/Warranty document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, and address): State Bar number, FOR COURT USE ONLY George P. Rodarakis, SBN 222214 Kathryn L. Greene, SBN 294727 E-FILED Rodarakis & Sousa, APC 100 Sycamore Ave, Suite 10, Modesto, CA 95354 9/24/2018 10:30 AM TELEPHONE No;(209)554-5232 FAX No. (209)544-‘i (Opmnar): 085 FRESNO COUNTY SUPERIOR COURT E—MAILADDRESS(Optional): AWORNEY FOR (Name): PlaintiffStephen W. Sloan By: K Reeves, Deputy SUPERIOR COURT OF CALIFORNIA, COUNTY 0F Fresno STREETADDRESS: 1130 0 Street MAILING ADDRESS: CWY AND ZIP CODEFresno, CA 93724 BRANCH NAME: PLAINTIFF/PETITIONER: Stephen w. Sloan DEFENDANT/RESPONDENT: Panoche Water District CASE MANAGEMENT STATEMENT CASE NUMBER (Check one).- UNLIMITED cASE (Amount demanded E LIMITED CASE (Amount demanded is$25,000 1BCECG00511 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE isscheduled as follows: Date: Ociober 9, 2018 Time: 11:00 a.m. Dept; Div.: Room: 305 Address of court (if from the address above): different Notlce of Intent to Appear by TelephonE. by (name): George P. Rodarakis, Kathryn L. Greene INSTRUCTIONS: All appllcable boxes must be checked, and the speclfled Information must be provided. 1. Party or parties (answer one): a. b. E This statement This statement is is submitted by party (name): Stephen W. Sloan submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintifis and cross-complainants only) The complaint was filed on (date): a. b. E The cross—complaint. any, if February 8, 2018 was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) named a. b. E All parties E The following (1) inthe complaint and cross-complaint have partiesnamed in been sewed, have appeared. or have been dismissed. the complaint or cross-complaint have not been sewed (specifil names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. I_J The following add itional parties may be added (specify names, nature of involvement In case, and date by which they may be served): 4. Description of ca§e 3- TYPE 0f case "1 ._|'/ complaint E cross-complaint (Describe. including Breach of Contract 2) Anticipatory Breach of Contract 3) Breach of Implied causes of action): 1) Covenant of Good Faith and Fair Dealing Pwe 1 of 5 F FEM; Ad z dfoM d toU gamer" $331,031,339 CASE MANAGEMENT STATEMENT . f Cfllggfkmg CM-1 10 [Rev. July 1. 201 1] www.caurtsxagov CM-1 10 CASE NUMBER PLAINTIFFIPETITIONER: Stephen W. Sloan 1BCECG00511 DEFENDANTIRESPONDENT: Panache Water District 4. b. Provide a brief statement of the case, including any damages. (prersonal 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) Defendant breached itsagreements to purchase water from Plaintiff. E (ifmore space isneeded, check thisbox and attach a page designated as Attachment 4b.) 5. Jury or nonjury The trlal party or parties request requesting a jurytrial): E a jury trialE a nonjury trial. (Ifmore than one party, provide the name of each pafly 6. a. b. E Trial E date The No has been set for trial date has been trial (date): set.This case willbe ready for trial within 12months 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 for unavailability): October 8:Tria| Setting Conf., Nov. 12-21:Arbitration, Dec. 10-1 4: Trial, Jan. 29 Trial Setting Conf., March 4 : Mandatory Settlement Conf., March 19-25: Trial 7. Estimated length of trial The a. b. m party or parties estimate that the E days (specify number): 3'5 hours (short causes) (specify): take (check one): trial will 8. Trial representation (to The a. party or parties Attorney: willbe represented attrial m be answered for each perm by the attorney or party the caption Ilsted In E by the following: b. Firm: c. Address: d. Telephone numben f. Fax number: e. E-mail address: g. Party represented: Additional representationisdescribed inAttachment 8. 9. 10. E Preference This case preference (specify code section): is entitled to Alternative dlspute 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 1he court under mle 3.221 for information about the processes available through the court (1) and community programs in thlscase. For parties represented by counsel: Counsel in rule3.221 to the client and reviewed has E has not ADR options with the client. provided theADR information package identified (2) For seIf-represented parties: PartyE has E has not reviewed the ADR information package Identified in rule3.221. b. (1) E Referral to judicial arbitration or This matter sta u ory is under metditatior: imit. civilaction mediation available). (if sub'ect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the (2) E Civil case to judicial Plaintiff elects to refer this Procedure section 1141 .1 1. arbitrationand agrees amount to limit recovery to the specified inCode of (3) E This case is exempt from judicial arbitrafion under rule 3.811of the California Rules of Courlor from mediation under Code of Civil Procedure section 1775 e1 seq. (specify exemption): action civil CM—W IRev-Ju'v 1-2°11] CASE MANAGEMENT STATEMENT "mm CM-1 1 0 PLAINTIFF/PETITIONER: CASE NUMBER: _ Stephen w_ Sloan DEFENDANT/RESPONDENT: 180ECG00511 panache water District 10. c. Indicate theADR 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 Ifthe party or parties completing this form in me case have agreed to thisform are willing to have already completed an ADR process or processes. participate in or participate in the following ADR indicate the siatus of the processes (attach a copy of the parties' ADR processes (check ail that appiy): stipulation): Mediation session not yet scheduled (1 ) . . Mediation - DUDE Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement conference m DUDE Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3 )N eutra Ieva uafion I E DUDE Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): scheduled Judicial arbitration not yet (4) Nonbinding arbitration judicial E DUDE Agreed to scheduled Judicial arbitration complete judicial for (date): arbitrationby (date): completed on Judicial arbitration (date): Private arbitration not yet scheduled (5) Binding private arbitration E DUDE Private arbitration scheduled for (date): Agreed to complete private by (date): arbitration Private arbitration completedon (date): ADR session not yet scheduled (6) Other (specify): E DUDE ADR session scheduied for (date): Agreed to complete ADR sesslon by (date): ADR completed on (date): CM-11D[Rev..|u|y1. 2011] Page3d5 CASE MANAGEMENT STATEMENT CMflJn “SENUMBER: PLAINTIFF/PETITIONER: Stephen W. Sloan _ , 1BCECGOO511 DEFENDANT/RESPONDENT: Panoche Water Dlstnct 11. a. E Insurance Insurance carrier, E if E any, for party filing this statement (name): b. c. E Reservation of rights: Coverage issues will Yes No significantly affect resolution of this case (explain): 12. Jurisdiction E Indicate Bankruptcy D any matters that may case and describe the status. affect the court's jurisdiction or processing of this Other (specify): Status: 13. a_ E Related cases, consolidatlon, and coordinatlon There are companion, underiying, or related cases. (1)Name of case: (2)Name of court: (3)Case number: (4) Status: b. E E Additional cases are described A motion to E in consolidate Attachment 13a. E coordinate willbe filed by (name party): E 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): Other motions 15. E The party or parties expect to file the following motions before trial(specifymoving party, type ofmofian, and issues): 16. a. b. E Dlscovery The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe anticipated discovery): all Part1 Descrigtion Date Plaintiff Written Discovery Per Code Plaintiff Depositions Per Code c. The following discovery issues, inciuding issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 10 [Rev‘ July 1.201 1] CASE MANAGEMENT STATEMENT Pwo‘ofi CM-1 10 pLAlNTIFF/PETITIONER: Stephen W. Sloan “SE "UMBER -— 1SCECGOOSH DEFENDANT/RESPONDENT: PanOChe Water DiStriGt 17. a. E Economic lltlgation This isa limitedcivilcase the amount (i.e., of Civil Procedure sections 90-98 demanded is$25,000 or less) and the economic apply to this case. procedures litigation in Code b, E will 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 tria! should not apply to this case): 18. E Other issues The party or parties request that the following additional matters be oonsldered or determined at the case management conference (speciflr): Pursuant to the parties September 6. 2018 stipulation, PlaintiffsFirst Amended Complaint will be filed 10 days after the final installment of Defendant's document initial production. 19. a. E Meet and confer The party or parties have met and conferred of Court not, explain): (if with allpartieson allsubjects required by rule 3.724 of the California Rules b. Afler meeting and conferring as requiredby rule3.724 of the California Rules of Court. the parties agree on the following (specify): 20. Total number of pages attached any): (if |am completely familiar with this case and willbe 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 fime of the case management conference, including the written authority of the party where required. Date: 9/24/2018 Kathryn L. Greene 0R PRINT NAME) (TYPE D OR PRINT NAME) (TYPE E OR ATI'O RN EY) (SIGNATURE OF PARTY Additional signatures are attached. W10 rRev-Ju'w-zmu CASE MANAGEMENT STATEMENT mom PROOF OF SERVICE Iam a citizen ofthe United States and am employed in Stanislaus County. I am over the age of eighteen (1 8) years and not a party to this acu'on; my business address is 100 Sycamore Avenue, Suite 101, Modesto, CA 95354. On the date set forth below, I served the following documents: CASE MANAGEMENT STATEMENT, by placing a true copy thercof enclosed in a sealed envelope and served in the manner and/or manners described below to each 0fthc parties herein and addressed as follows: ©WVQM¥WNH SEE ATTACHED MAILING LIST X BY MAIL: I caused such envelope(s) to be deposited in the mail at my business address, addresscd to the addressee(s) designated. I am readily familiar with RODARAKIS & SOUSA, APC practices for collection and processing of correspondence and pleadings for mailing. It is deposited with the United States Postal Service on that same day in the ordinary course of business. BY HAND DELIVERY: Icaused such envelope(s) to be delivered by hand to the addressce(s) desiglated. BY OVERNIGHT COURIER SERVICE: Icaused such envelope(s) to be delivered via ovemight courier service to the addressee(s) designated. BY FACSIMILE: I caused said document to be transmitted to the telephone number(s) of the addressee(s) desigmted. I declare under penalty ofpeljury under the laws ofthe State of California that the foregoing is true and correct. Executed at Modesto, California, on S r 24, 2018, /T\//\"‘ NNNNNNNNNHHt—In—Iw—np—HHH Tom) \ WQQM¥WNHCKOOOQQ§A$WNHO 2 CASE MANAGEMENT STATEMENT MAILING LIST Benjamin T. Nicholson Gregory S. Mason Vanessa M. Cohn McComlick, Barstow, Sheppard Wayte & Carruth LLP 7647 North Fresno Street Fresno, CA 93720 \OOOQQMAUJN—a Telephone: (559) 433-1300 Facsimile: (559) 433-2300 Marshall C. Whitney Whitney, Thompson & Jeffcoach LLP 8050 N. Palm Avenue, Suite 110 Fresno, CA 93711 Telephone: (559) 753-2550 Facsimile: (559) 753-2560 NNNNNNNNNHHt—IHHHHp—Iflp—t WQQMhWNHOWWNQMLWNh—IO 3 CASE MANAGEMENT STATEMENT