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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Gregory S. Mason, #148997 Ben Nicholson, #239893
McCormick, Barstow, Sheppard, Wayte & Carruth LLP E-FILED
7647 North Fresno Street 2/1/2019 12:15 PM
Fresno, California 93720 FRESNO COUNTY SUPERIOR COURT
TELEPHONE NO.: (559) 433-1300 FAX NO. (Optional); (559) 433-2300 By: M. Douangkham, Deputy
E-MAIL ADDREss ,opuona1J: ben.nicholson@mccormickbarstow.com
ATTORNEYFOR(Name): Defendant, PANOCHE WATER DISTRICT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDREss:1130 "011 Street
MAILING ADDRESS:
crrvANDz1PcoDE: Fresno, CA 93721
BRANCH NAME:
PLAINTIFF/PETITIONER: STEPHEN W. SLOAN
DEFENDANT/RESPONDENT: PANOCHE WATER DISTRICT
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE 0 LIMITED CASE
18CECG00511
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 14, 2019 Time: 3:30 p.m. Dept.: 402 Div.: Room:
Address of court (if different from the address above):
� Notice of Intent to Appear by Telephone, by (name): Ben Nicholson
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): Defendant, PANOCHE WATER DISTRICT
b. D 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. D The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. D The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):
(2) D have been served but have not appeared and have not been dismissed (specify names):
(3) D have had a default entered against them (specify names):
c. D 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 (81 complaint D cross-complaint (Describe, including causes of action):
Complaint for Breach of Contract, Anticipatory Breach of Contract, Breach of Implied Covenant of Good Faith
and Fair Dealing.
Pa e1 of5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730
CM-110 (Rev. July1, 2011) www.courts.ca.gov
A
American LegalNet. Inc.
'lfB
www f0ansW0ckfl0w com
CM-110
CASE NUMBER;
PLAINTIFF/PETITIONER: STEPHEN W. SLOAN
18CECG00511
DEFENDANT/RESPONDENT: PANOCHE WATER DISTRICT
4. b. Provide a briefstatement of the case, including any damages. (Ifpersonal injurydamages are sought, specify the injuryand
damages claimed, includingmedical expenses to date pndicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost eamings. ifequitable reliefis sought, describe the nature of the relief.)
Plaintiffs allege that Defendant's breached its agreement to purchase water from Plaintiff.
D (ifmore space isneeded, check this box andattach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party orparties request ^ a jury trial • a nonjury trial. (ifmore than one party, provide the name ofeach party
requesting a Jury trial):
6. Trial date
a. O The trial has been set for (date):
b. 13 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 attorneyswill not be available fortrial (specify dates and explain reasons for unavaiiabiiity):
Due to prior trials the following dates are not available: 5/6/19 to 5 12/19; 6/3/19 to 6/10/19, 7/8/19 to 7/20/19;
8/12/19 to 8/20/19; 1/21/19 to 1/30/19, 2/3/20 to 2/15/20 and 3/3/20 to 3/20/20.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. 3 days (specify number): 5 days
b. • hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party orparties will berepresented attrial 3 by the attorney orparty 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:
Q Additional representation isdescribed in Attachment 8.
9. Preference
[U This caseisentitled 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 bythe court under rule3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [3 has O 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 • hasnot reviewed theADR information package identified in rule 3.221.
b. Referral to Judicial arbitration or civil action mediation (ifavailable).
(1) dl This matter issubject to mandatory judicial arbitration under Code ofCivil Procedure section 1141.11 ortocivil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversydoes not exceed the
statutory limit.
(2) n Plaintiff elects torefer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) 3 This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules ofCourt orfrom civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Amount in controversy exceeds limits of ORC 3.811 and COP 1775.
cM-iioiRev. July 1,2011] CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FonnsWorkFtow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: STEPHEN W. SLOAN
18CECG00511
DEFENDANT/RESPONDENT: PANOCHE WATER DISTRICT
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 Ifthe 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 scheduledfor(date):
(1) Mediation m
• Agreed to complete mediation by (date):
• Mediation completed on (date):
n Settlement conference notyet scheduled
(2) Settlement • Settlement conference scheduled for (date):
conference
a
• Agreed to complete settlement conference by(date):
n Settlement conference completed on (date):
C] Neutral evaluation not yetscheduled
Q Neutral evaluation scheduled for (date):
(3) Neutral evaluation •
• Agreed to complete neutral evaluation by (date):
Q Neutral evaluation completed on (date):
D Judicial arbitration not yetscheduled
(4) Nonbinding judicial D Judicial arbitration scheduled for (date):
arbitration •
D Agreed to complete judicial arbitration by (date):
Q Judicial arbitration completed on (date):
n Private arbitration not yetscheduled
(5) Binding private • Private arbitration scheduled for (date):
arbitration •
• Agreed tocomplete private arbitration by (date):
• Private arbitration completed on (date):
• ADR session not yetscheduled
(6) Other (specify): • ADR session scheduled for (date):
•
• Agreed tocomplete ADR session by (date):
n ADR completed on(date):
CM-110[Rev.July 1,2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
American LegalNel, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: STEPHEN W. SLOAN
18CECG00511
"defendant/respondent: PANOCHE water district
11. Insurance
a. • Insurance carrier, If any, forparty filing thisstatement(name):
b. Reservation ofrights: [H Yes • No
c. IZl Coverage Issues will significantly affect resolution ofthiscase (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
• Bankruptcy • Oiher (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:
l~l Additional cases are described In Attachment 13a.
b. • Amotion to • consolidate • coordinate will be filed by (name party):
14. Bifurcation
[U The party or parties intend to file a motion for an order bifurcating, severing, orcoordinating the following Issues orcausesof
action (specify moving party, type of motion, and reasons):
15. Other motions
^ Theparty or parties expect tofile the following motions before trial (specify moving party, type ofmotion, andissues):
Possible Demurrer to Plaintiffs Second Amended Complaint.
16. Discovery
a. • The party or parties have completed all discovery.
b S The following discovery will be completed by thedatespecified (describe all anticipated discovery):
Partv Description Date
Plaintiff Written discovery Per Code
Plaintiff Depositions Per Code
Plaintiff Expert discovery Per Code
O The following discovery Issues, Including Issues regarding the discovery ofelectronically stored Information, are
anticipated (specify):
CM-HOlRev July1.2011l Qy^SE MANAGEMENT STATEMENT Pas84of6
American LcgalNei, Inc.
www.FomwWoricFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: STEPHEN W. SLOAN
18CECG00511
Defendant/respondent: PANOCHE WATER DISTRICT
17. Economic litigation
a. O This Isa 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. Q Thisis a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (ifchecked, explain specificaliy why economic Mgatjon procedures relating to discovery or trial
should not apply to this case):
18. Other issues
Q The party or parties request thatthe following additional matters be considered ordetermined at thecase management
conference (specify):
19. Meet and confer
a. ^ The party or parties have met andconferred with all parties onall subjects required by rule 3.724 ofthe Califomia
Rules of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the Califomia 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 authorityof the party where required.
Date: February 1, 2019
Ben Nicholson
{TYPE OR PRINT NAME) (SIGNATURE OF PARTY ORATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
G Additional signatures are attached.
CM-110 (Rev July 1.2011) Qy^SE MANAGEMENT STATEMENT
r
American LcgalNcI, Inc.
www.FormsWorkFlow.com
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF FRESNO
At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Fresno, State of California. My business address is 7647 North Fresno
Street, Fresno, CA 93720.
On February 1,2019,1 served true copies of the following document(s) described as CASE
MANAGEMENT STATEMENT on the interested parties in this action as follows:
George P. Rodarakis Marshall C. Whitney
RODARAKIS & SOUSA, AFC Whitney, Thompson & Jeffcoach LLP
100 Sycamore Ave., Ste. 101 8050 North Palm Avenue, Ste. 110
Modesto, CA 95354 Fresno, California 93711
Telephone: (209)554-5232 Telephone: (559)753-2550
Facsimile: (209) 544-1085 Facsimile: (559)753-2560
grodarakis@rodsoulaw.com mwhitney@wtjlaw.com
10 nlee{a),wtilaw.com
11 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the
persons at the addresses listed in the Service Listand placed the envelope for collection and mailing,
12 following our ordinary business practices. I am readily familiar with this business's practice for
collecting and processing correspondence for mailing. On the same day that the correspondence is
13 placed for collection and mailing, it is deposited in the ordinary course of business with the United
States Postal Service, in a sealed envelope with postage fully prepaid.
14
I declare under penalty ofpeijury under the laws ofthe State of California that the foregoing is
15 true and correct.
16 Executed on February 1, 2019, at Fresno, California.
17
18
Mary Q.^amirez
19
20
21
22
23
24
25
26
27
28
McCormick, Barstow,
Shepparo, Wayte &
Carruth LLP
7847 NORTH FRESNO STREET
FRESNO. C* 93720
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Gregory S. Mason, #148997 Ben Nicholson, #239893 McCormick, Barstow, Sheppard, Wayte & Carruth LLP E-FILED 7647 North Fresno Street 2/1/2019 12:15 PM Fresno, California 93720 FRESNO COUNTY SUPERIOR COURT TELEPHONE NO.: (559) 433-1300 FAX NO. (Optional); (559) 433-2300 By: M. Douangkham, Deputy E-MAIL ADDREss ,opuona1J: ben.nicholson@mccormickbarstow.com ATTORNEYFOR(Name): Defendant, PANOCHE WATER DISTRICT SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO STREET ADDREss:1130 "011 Street MAILING ADDRESS: crrvANDz1PcoDE: Fresno, CA 93721 BRANCH NAME: PLAINTIFF/PETITIONER: STEPHEN W. SLOAN DEFENDANT/RESPONDENT: PANOCHE WATER DISTRICT CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE 0 LIMITED CASE 18CECG00511 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 14, 2019 Time: 3:30 p.m. Dept.: 402 Div.: Room: Address of court (if different from the address above): � Notice of Intent to Appear by Telephone, by (name): Ben Nicholson 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): Defendant, PANOCHE WATER DISTRICT b. D 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. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D 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 (81 complaint D cross-complaint (Describe, including causes of action): Complaint for Breach of Contract, Anticipatory Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing. Pa e1 of5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-110 (Rev. July1, 2011) www.courts.ca.gov A American LegalNet. Inc. 'lfB www f0ansW0ckfl0w com CM-110 CASE NUMBER; PLAINTIFF/PETITIONER: STEPHEN W. SLOAN 18CECG00511 DEFENDANT/RESPONDENT: PANOCHE WATER DISTRICT 4. b. Provide a briefstatement of the case, including any damages. (Ifpersonal injurydamages are sought, specify the injuryand damages claimed, includingmedical expenses to date pndicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost eamings. ifequitable reliefis sought, describe the nature of the relief.) Plaintiffs allege that Defendant's breached its agreement to purchase water from Plaintiff. D (ifmore space isneeded, check this box andattach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party orparties request ^ a jury trial • a nonjury trial. (ifmore than one party, provide the name ofeach party requesting a Jury trial): 6. Trial date a. O The trial has been set for (date): b. 13 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 attorneyswill not be available fortrial (specify dates and explain reasons for unavaiiabiiity): Due to prior trials the following dates are not available: 5/6/19 to 5 12/19; 6/3/19 to 6/10/19, 7/8/19 to 7/20/19; 8/12/19 to 8/20/19; 1/21/19 to 1/30/19, 2/3/20 to 2/15/20 and 3/3/20 to 3/20/20. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. 3 days (specify number): 5 days b. • hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party orparties will berepresented attrial 3 by the attorney orparty 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: Q Additional representation isdescribed in Attachment 8. 9. Preference [U This caseisentitled 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 bythe court under rule3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [3 has O 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 • hasnot reviewed theADR information package identified in rule 3.221. b. Referral to Judicial arbitration or civil action mediation (ifavailable). (1) dl This matter issubject to mandatory judicial arbitration under Code ofCivil Procedure section 1141.11 ortocivil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversydoes not exceed the statutory limit. (2) n Plaintiff elects torefer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) 3 This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules ofCourt orfrom civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Amount in controversy exceeds limits of ORC 3.811 and COP 1775. cM-iioiRev. July 1,2011] CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FonnsWorkFtow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: STEPHEN W. SLOAN 18CECG00511 DEFENDANT/RESPONDENT: PANOCHE WATER DISTRICT 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 Ifthe 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 scheduledfor(date): (1) Mediation m • Agreed to complete mediation by (date): • Mediation completed on (date): n Settlement conference notyet scheduled (2) Settlement • Settlement conference scheduled for (date): conference a • Agreed to complete settlement conference by(date): n Settlement conference completed on (date): C] Neutral evaluation not yetscheduled Q Neutral evaluation scheduled for (date): (3) Neutral evaluation • • Agreed to complete neutral evaluation by (date): Q Neutral evaluation completed on (date): D Judicial arbitration not yetscheduled (4) Nonbinding judicial D Judicial arbitration scheduled for (date): arbitration • D Agreed to complete judicial arbitration by (date): Q Judicial arbitration completed on (date): n Private arbitration not yetscheduled (5) Binding private • Private arbitration scheduled for (date): arbitration • • Agreed tocomplete private arbitration by (date): • Private arbitration completed on (date): • ADR session not yetscheduled (6) Other (specify): • ADR session scheduled for (date): • • Agreed tocomplete ADR session by (date): n ADR completed on(date): CM-110[Rev.July 1,2011] Page 3 of 5 CASE MANAGEMENT STATEMENT American LegalNel, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: STEPHEN W. SLOAN 18CECG00511 "defendant/respondent: PANOCHE water district 11. Insurance a. • Insurance carrier, If any, forparty filing thisstatement(name): b. Reservation ofrights: [H Yes • No c. IZl Coverage Issues will significantly affect resolution ofthiscase (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. • Bankruptcy • Oiher (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: l~l Additional cases are described In Attachment 13a. b. • Amotion to • consolidate • coordinate will be filed by (name party): 14. Bifurcation [U The party or parties intend to file a motion for an order bifurcating, severing, orcoordinating the following Issues orcausesof action (specify moving party, type of motion, and reasons): 15. Other motions ^ Theparty or parties expect tofile the following motions before trial (specify moving party, type ofmotion, andissues): Possible Demurrer to Plaintiffs Second Amended Complaint. 16. Discovery a. • The party or parties have completed all discovery. b S The following discovery will be completed by thedatespecified (describe all anticipated discovery): Partv Description Date Plaintiff Written discovery Per Code Plaintiff Depositions Per Code Plaintiff Expert discovery Per Code O The following discovery Issues, Including Issues regarding the discovery ofelectronically stored Information, are anticipated (specify): CM-HOlRev July1.2011l Qy^SE MANAGEMENT STATEMENT Pas84of6 American LcgalNei, Inc. www.FomwWoricFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: STEPHEN W. SLOAN 18CECG00511 Defendant/respondent: PANOCHE WATER DISTRICT 17. Economic litigation a. O This Isa 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. Q Thisis a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (ifchecked, explain specificaliy why economic Mgatjon procedures relating to discovery or trial should not apply to this case): 18. Other issues Q The party or parties request thatthe following additional matters be considered ordetermined at thecase management conference (specify): 19. Meet and confer a. ^ The party or parties have met andconferred with all parties onall subjects required by rule 3.724 ofthe Califomia Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the Califomia 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 authorityof the party where required. Date: February 1, 2019 Ben Nicholson {TYPE OR PRINT NAME) (SIGNATURE OF PARTY ORATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) G Additional signatures are attached. CM-110 (Rev July 1.2011) Qy^SE MANAGEMENT STATEMENT r American LcgalNcI, Inc. www.FormsWorkFlow.com PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF FRESNO At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Fresno, State of California. My business address is 7647 North Fresno Street, Fresno, CA 93720. On February 1,2019,1 served true copies of the following document(s) described as CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: George P. Rodarakis Marshall C. Whitney RODARAKIS & SOUSA, AFC Whitney, Thompson & Jeffcoach LLP 100 Sycamore Ave., Ste. 101 8050 North Palm Avenue, Ste. 110 Modesto, CA 95354 Fresno, California 93711 Telephone: (209)554-5232 Telephone: (559)753-2550 Facsimile: (209) 544-1085 Facsimile: (559)753-2560 grodarakis@rodsoulaw.com mwhitney@wtjlaw.com 10 nlee{a),wtilaw.com 11 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service Listand placed the envelope for collection and mailing, 12 following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that the correspondence is 13 placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 14 I declare under penalty ofpeijury under the laws ofthe State of California that the foregoing is 15 true and correct. 16 Executed on February 1, 2019, at Fresno, California. 17 18 Mary Q.^amirez 19 20 21 22 23 24 25 26 27 28 McCormick, Barstow, Shepparo, Wayte & Carruth LLP 7847 NORTH FRESNO STREET FRESNO. C* 93720