Preview
CM-110
ATTORNEY O8 SARTY WITHOLT ATTORNEY (Name, State Bar number, and address)
Steven M. Koch SBN: 222938
KOCH & GOMEZ LLP
1148 N. Chinowth Street, Suite B
Visalia, CA 93291
TELEPHONE NO: (559) 740-7665
Eval adress’ smk@tularecountylaw.com
ATTORNEY FOR (Name) Plaintiff The Lyman Group dba Grow West
FAX NO. (Optional: ($59) 740-7667
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ
STREET ADDRESS 701 Ocean Street
MAILING ADDRESS’ 7()] Ocean Street
CTY ANDZP COPE Santa Cruz, 95060
BRANCHNAVE Santa Cruz Main Courthouse
PLAINTIFF/PETITIONER: The Lyman Group dba Grow West
DEFENDANT/RESPONDENT: Viridi Farms, Inc., a California Corporation; et al.
FOR COURT USE ONLY
CASE MANAGEMENT STATEMENT
(Check one): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
CASE NUMBER
22CV02329
[A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 21, 2023 Time:8:30 a.m. Dept.:10
Address of court (if different from the address above):
X_] Notice of Intent to Appear by Telephone, by (name): Steven M. Koch
Div
Room
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [_X ] This statement is submitted by party (name): The Lyman Group dba Grow West
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): Amended Complaint Nov. 9, 2022
b. The cross-complaint, if any, was filed on (date):
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 date by which
they may be served)
4. Description of case
a. Type ofcasein [x] complaint { cross-complaint (Describe, including causes of action): Breach of
contract for goods and services rendered by Plaintiff to Defendant. Individuals guaranteed the account of Viridi Farms.
Page | of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT
Judicial Council of California
CM-110 (Rev. Septerber 1, 2021]
Cal. Rules
rules 3,720-3 7:
‘Westlaw Dor & Form BuilderCM-110
PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER
DEFENDANT/RESPONDENT: Viridi Farms, Inc., a California Corporation; et al. 220M?
4. b. Provide a brief statement of the case, including any damages. (/f 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.)
This is a collections case.
(/f 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_] anonjury trial. (/f 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. [4] 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 for unavailability)
7. Estimated length of trial
The party or parties estimate that the trial will take (check one)
a days (specify number): 1
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 [Xx _] 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).
Page 2 0f5
(CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENTCM-110
PLAINTIFF/PETITIONER: The Lyman Group dba Grow West
DEFENDANT/RESPONDENT: viridi Farms, Inc., a California Corporation; et al.
CASE NUMBER:
22CV02329
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 al! that apply and provide the specified information):
The party or parties completing
this form are willing to
participate in the following ADR
processes (check ail that apply).
If the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties' ADR
stipulation):
X_] Mediation session not yet scheduled
Mediation session scheduled for (date).
conference
1) Mediati Xx
(1) Mediation Agreed to complete mediation by (date)
Mediation completed on (date).
X_] Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
xX
Agreed to complete settlement conference by (date).
Settlement conference completed on (date):
(3) Neutral evaluation
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date)
Neutral evaluation completed on (date).
(4) Nonbinding judicial
arbitration
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date).
Agreed to complete judicial arbitration by (date).
Judicial arbitration completed on (date).
(5) Binding private
arbitration
Private arbitration not yet scheduled
Private arbitration scheduled for (date).
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
(6) Other (specify)
ADR session not yet scheduled
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 5CM-110
PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER:
DEFENDANT/RESPONDENT: Viridi Farms, Inc., a California Corporation; et al. 22CV02329
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
b.
Co
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.
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
b.
The party or parties have completed all discovery.
X_] The following discovery will be completed by the date specified (describe ail anticipated discovery).
Party Description Date
Plaintiff Written Discovery Per Code
The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify)
(M-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5CM-110
PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER:
DEFENDANT/RESPONDENT: viridi Farms, Inc., a California Corporation; et al.
22CV02329
17. Economic litigation
a
This is a limited civil case (i.¢., 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.
This is a limited civil case and a motion to withdraw the case fram 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).
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)
| 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 re
Date: March [ , 2023
Steven M. Koch
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAVE) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
Page 5 of 5
‘GN-T10 fev. September 1, 2021] CASE MANAGEMENT STATEMENTN
9
KOCH & GOMEZ LLP
ATTORNEYS AT LAW
VISALIA, CA
PROOF OF SERVICE
(1013a, 2015.5 C.C.P.)
STATE OF CALIFORNIA, COUNTY OF TULARE
Iam a citizen of the United States and a resident of the County aforesaid; I am over the
age of 18 years and not a party to the within action; my business address is 1148 N. Chinowth
Street, Suite B, Visalia, California 93291.
On March 2, 2023, I served the within CASE MANAGEMENT STATEMENT on the
interested parties in said action, by placing a true copy thereof, enclosed in a sealed envelope and
delivering it as follows:
(By overnight Courier) I caused such envelope with postage fully prepaid to be sent by
XX__ (By Mail) I placed the envelope for collection and processing for mailing following the
ordinary practice of this business with which I am readily familiar. On the same day
correspondence is placed for collection and mailing, it is deposited in the ordinary course
of business with the United States Postal Service fully paid.
(By Hand) I caused each envelope to be delivered by hand.
(By Facsimile) I caused each document to be sent by facsimile to the following number(s):
Each envelope was addressed as follows:
Kevin Vu Kevin Sparks Dean Trinh
942 Junesong Way P.O. Box 1865 17043 Pistache Dr.
San Jose, CA 95133 Quincy, CA 94971 Morgan Hill, CA 95037
_XX (State) I declare under penalty of perjury under the laws of the State of California the
above is true and correct.
(Federal) I declare that I am employed in the office of a member of the bar of this court at
whose direction the service was made.
Executed on March L , 2023 in Visalia, California.
ffs
PROOF OF SERVICE
Preview
CM-110 ATTORNEY O8 SARTY WITHOLT ATTORNEY (Name, State Bar number, and address) Steven M. Koch SBN: 222938 KOCH & GOMEZ LLP 1148 N. Chinowth Street, Suite B Visalia, CA 93291 TELEPHONE NO: (559) 740-7665 Eval adress’ smk@tularecountylaw.com ATTORNEY FOR (Name) Plaintiff The Lyman Group dba Grow West FAX NO. (Optional: ($59) 740-7667 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS 701 Ocean Street MAILING ADDRESS’ 7()] Ocean Street CTY ANDZP COPE Santa Cruz, 95060 BRANCHNAVE Santa Cruz Main Courthouse PLAINTIFF/PETITIONER: The Lyman Group dba Grow West DEFENDANT/RESPONDENT: Viridi Farms, Inc., a California Corporation; et al. FOR COURT USE ONLY CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER 22CV02329 [A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 21, 2023 Time:8:30 a.m. Dept.:10 Address of court (if different from the address above): X_] Notice of Intent to Appear by Telephone, by (name): Steven M. Koch Div Room INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [_X ] This statement is submitted by party (name): The Lyman Group dba Grow West 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): Amended Complaint Nov. 9, 2022 b. The cross-complaint, if any, was filed on (date): 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 date by which they may be served) 4. Description of case a. Type ofcasein [x] complaint { cross-complaint (Describe, including causes of action): Breach of contract for goods and services rendered by Plaintiff to Defendant. Individuals guaranteed the account of Viridi Farms. Page | of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Judicial Council of California CM-110 (Rev. Septerber 1, 2021] Cal. Rules rules 3,720-3 7: ‘Westlaw Dor & Form BuilderCM-110 PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER DEFENDANT/RESPONDENT: Viridi Farms, Inc., a California Corporation; et al. 220M? 4. b. Provide a brief statement of the case, including any damages. (/f 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.) This is a collections case. (/f 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_] anonjury trial. (/f 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. [4] 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 for unavailability) 7. Estimated length of trial The party or parties estimate that the trial will take (check one) a days (specify number): 1 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 [Xx _] 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). Page 2 0f5 (CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENTCM-110 PLAINTIFF/PETITIONER: The Lyman Group dba Grow West DEFENDANT/RESPONDENT: viridi Farms, Inc., a California Corporation; et al. CASE NUMBER: 22CV02329 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 al! that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check ail that apply). If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties' ADR stipulation): X_] Mediation session not yet scheduled Mediation session scheduled for (date). conference 1) Mediati Xx (1) Mediation Agreed to complete mediation by (date) Mediation completed on (date). X_] Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): xX Agreed to complete settlement conference by (date). Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date) Neutral evaluation completed on (date). (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date). Agreed to complete judicial arbitration by (date). Judicial arbitration completed on (date). (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date). Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify) ADR session not yet scheduled 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 5CM-110 PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER: DEFENDANT/RESPONDENT: Viridi Farms, Inc., a California Corporation; et al. 22CV02329 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 b. Co 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. 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 b. The party or parties have completed all discovery. X_] The following discovery will be completed by the date specified (describe ail anticipated discovery). Party Description Date Plaintiff Written Discovery Per Code The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify) (M-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5CM-110 PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER: DEFENDANT/RESPONDENT: viridi Farms, Inc., a California Corporation; et al. 22CV02329 17. Economic litigation a This is a limited civil case (i.¢., 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. This is a limited civil case and a motion to withdraw the case fram 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). 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) | 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 re Date: March [ , 2023 Steven M. Koch (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAVE) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. Page 5 of 5 ‘GN-T10 fev. September 1, 2021] CASE MANAGEMENT STATEMENTN 9 KOCH & GOMEZ LLP ATTORNEYS AT LAW VISALIA, CA PROOF OF SERVICE (1013a, 2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF TULARE Iam a citizen of the United States and a resident of the County aforesaid; I am over the age of 18 years and not a party to the within action; my business address is 1148 N. Chinowth Street, Suite B, Visalia, California 93291. On March 2, 2023, I served the within CASE MANAGEMENT STATEMENT on the interested parties in said action, by placing a true copy thereof, enclosed in a sealed envelope and delivering it as follows: (By overnight Courier) I caused such envelope with postage fully prepaid to be sent by XX__ (By Mail) I placed the envelope for collection and processing for mailing following the ordinary practice of this business with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service fully paid. (By Hand) I caused each envelope to be delivered by hand. (By Facsimile) I caused each document to be sent by facsimile to the following number(s): Each envelope was addressed as follows: Kevin Vu Kevin Sparks Dean Trinh 942 Junesong Way P.O. Box 1865 17043 Pistache Dr. San Jose, CA 95133 Quincy, CA 94971 Morgan Hill, CA 95037 _XX (State) I declare under penalty of perjury under the laws of the State of California the above is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on March L , 2023 in Visalia, California. ffs PROOF OF SERVICE