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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stafe Bar number, and address):
Kevin Sparks FOR COURT USE ONLY
PO Box 1865
Quincy, CA 94971
TELEPHQNE Non 408 206-6318 FAX No. (Optional):
E-MAIL ADDRESS:
ATTORNEY FOR (Name): Irl propria pei'Sona
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ
sTREETAooREss: 701 Ocean St.
MAILING AooREss: 701 Ocean St.
cITYAND zip coDE: 95060
BRANGH NAME: Santa Cruz Main Courthouse
PLAINTIFF/PETITIONER: The Lyman Group dba Grow West
DEFENDANT/RESPONDENT: Viridi Farms et al
CASE MANAGEIIENT STATEMENT
(Check one): ~x UNLIMITED CASE
(Amount demanded
~ LIMITED CASE
(Amount demanded is $25,000
CASE NUMBER:
22CV02329
exceeds $ 25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: Mar 21, 2023 Time: 8:30 am Dept.: 10 Div.: Room:
Address of court (if different from the address above):
~x Notice of Intent to Appear by Telephone, by (name): Kevin Sparks
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
b. ~
a. ~x This statement is submitted by party (name): Kevin Sparks
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 filed on Nov. 9, 202
b. ~ The cross-complaint, if any, was filed on (date):
3.
a. ~
Service (to be answered by plaintiffs and cross-complainants only)
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. ~x The following parties named in the complaint or cross-complaint
(1) ~x have not been served (specify names and explain why not):
Plaintiff has not served Answering Defendant Kevin Sparks
(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 ofinvolvementin case, and date by which
they may be served):
4. Description of case
a. Type of case in ~x 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.coults, ca. gov
CM-110
PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER:
DEFENDANT/RESPONDENT: Viridi Farms et al 22CV02329
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 amounts, estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. /f equitable reliefis sought, describe the nature of the relief)
Plaintiff is a vendor to Defendant Viridi Farms. Viridi Farms is in arrears on accounts payable to Plaintiff, Plaintiff required
defendants Sparks; Kevin Vu and Dean Trinh to sign a document for personal guarantee of the account to continue providing
supplies critical to the operation of the business. Defendant Viridi Farms was making payments on the debt at the time of the
~law suit.
(lf 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
requesting a jury trial):
~
a jury trial ~x a nonjury trial. (if more than one party, provide the name of each party
date
6. Trial
a.
b.
~
~x
The trial has been set for (date):
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):
b. ~
a. ~x days (specify number): 1
hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial ~x by the attorney or party listed in the caption
a. Attorney:
~ by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
~
e, E-mail address:
Additional representation is described in Attachment 8.
g. Party represented
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
(2) Forself-representedparties: Party ~x has ~
in rule 3.221 to the client and reviewed ADR options with the client.
hasnot reviewedtheADR informationpackageidentifiedinrule3.221.
b.
(1) ~
Referral to judicial arbitration or civil action mediation (if available).
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
(2) ~ statutory limit.
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
(3) ~ Civil Procedure section 1141.11.
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-1 10 [Rev. September 1, 2021 I Page2ofs
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER:
DEFENDANT/RESPONDENT: Viridi Farms et al 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 a// that apply and provide the specifiedinformation):
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 a// that apply): stipulation):
(1) Mediation
~
~x
~
Mediation session not yet scheduled
Mediation session scheduled for (date):
~ Agreed to complete mediation by (date):
Mediation completed on (date):
~
~ Settlement conference not yet scheduled
Settlement conference scheduled for (date):
(2) Settlement
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
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration
~
~ Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
~
~ Private arbitration not yet scheduled
(5) Binding private
arbitration
~
~
Private arbitration scheduled for (date):
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-1 10 [Rev. September 1, 2021] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-11D
PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER:
DEFENDANT/RESPONDENT; Viridi Farms et al 22CV02329
11. Insurance
a. ~ Insurance carrier,
b. Reservation of rights: ~ ~
if any, for party filing this statement (name):
Yes No
c. ~ Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Bankruptcy
Status:
~
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
~ Other (specify):
~
13. Related
a.
cases, consolidation, and coordination
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 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.
The following discovery will be completed by the date specified (describe all anticipated discovery):
~Prt D~eri t~in Date
c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-1 10 [Rev. September 1, 2021] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER:
DEFENDANT/RESPONDENT: Viridi Farms et al 22CV02329
Economic litigation
~
17.
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 app/y to this case):
Other issues
18.
~ The party or parties request that the following additional matters be considered or determined at the case management
conference (speci fy)i
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
(specify):
as required by rule 3.724 of the California Rules of Court, the parties agree on the following
20. Total number of pages attached (if any):
Iam 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: Mar. 2, 2023
Kevin Sparks
(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
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stafe Bar number, and address): Kevin Sparks FOR COURT USE ONLY PO Box 1865 Quincy, CA 94971 TELEPHQNE Non 408 206-6318 FAX No. (Optional): E-MAIL ADDRESS: ATTORNEY FOR (Name): Irl propria pei'Sona SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ sTREETAooREss: 701 Ocean St. MAILING AooREss: 701 Ocean St. cITYAND zip coDE: 95060 BRANGH NAME: Santa Cruz Main Courthouse PLAINTIFF/PETITIONER: The Lyman Group dba Grow West DEFENDANT/RESPONDENT: Viridi Farms et al CASE MANAGEIIENT STATEMENT (Check one): ~x UNLIMITED CASE (Amount demanded ~ LIMITED CASE (Amount demanded is $25,000 CASE NUMBER: 22CV02329 exceeds $ 25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Mar 21, 2023 Time: 8:30 am Dept.: 10 Div.: Room: Address of court (if different from the address above): ~x Notice of Intent to Appear by Telephone, by (name): Kevin Sparks INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): b. ~ a. ~x This statement is submitted by party (name): Kevin Sparks 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 filed on Nov. 9, 202 b. ~ The cross-complaint, if any, was filed on (date): 3. a. ~ Service (to be answered by plaintiffs and cross-complainants only) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~x The following parties named in the complaint or cross-complaint (1) ~x have not been served (specify names and explain why not): Plaintiff has not served Answering Defendant Kevin Sparks (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 ofinvolvementin case, and date by which they may be served): 4. Description of case a. Type of case in ~x 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.coults, ca. gov CM-110 PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER: DEFENDANT/RESPONDENT: Viridi Farms et al 22CV02329 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 amounts, estimated future medical expenses, lost earnings to date, and estimated future lost earnings. /f equitable reliefis sought, describe the nature of the relief) Plaintiff is a vendor to Defendant Viridi Farms. Viridi Farms is in arrears on accounts payable to Plaintiff, Plaintiff required defendants Sparks; Kevin Vu and Dean Trinh to sign a document for personal guarantee of the account to continue providing supplies critical to the operation of the business. Defendant Viridi Farms was making payments on the debt at the time of the ~law suit. (lf 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 requesting a jury trial): ~ a jury trial ~x a nonjury trial. (if more than one party, provide the name of each party date 6. Trial a. b. ~ ~x The trial has been set for (date): 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): b. ~ a. ~x days (specify number): 1 hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ~x by the attorney or party listed in the caption a. Attorney: ~ by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: ~ e, E-mail address: Additional representation is described in Attachment 8. g. Party represented 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 (2) Forself-representedparties: Party ~x has ~ in rule 3.221 to the client and reviewed ADR options with the client. hasnot reviewedtheADR informationpackageidentifiedinrule3.221. b. (1) ~ Referral to judicial arbitration or civil action mediation (if available). 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 (2) ~ statutory limit. Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of (3) ~ Civil Procedure section 1141.11. 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-1 10 [Rev. September 1, 2021 I Page2ofs CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER: DEFENDANT/RESPONDENT: Viridi Farms et al 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 a// that apply and provide the specifiedinformation): 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 a// that apply): stipulation): (1) Mediation ~ ~x ~ Mediation session not yet scheduled Mediation session scheduled for (date): ~ Agreed to complete mediation by (date): Mediation completed on (date): ~ ~ Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement 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 Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration ~ ~ Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): ~ ~ Private arbitration not yet scheduled (5) Binding private arbitration ~ ~ Private arbitration scheduled for (date): 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-1 10 [Rev. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-11D PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER: DEFENDANT/RESPONDENT; Viridi Farms et al 22CV02329 11. Insurance a. ~ Insurance carrier, b. Reservation of rights: ~ ~ if any, for party filing this statement (name): Yes No c. ~ Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Bankruptcy Status: ~ Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. ~ Other (specify): ~ 13. Related a. cases, consolidation, and coordination 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 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. The following discovery will be completed by the date specified (describe all anticipated discovery): ~Prt D~eri t~in Date c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 10 [Rev. September 1, 2021] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: The Lyman Group dba Grow West CASE NUMBER: DEFENDANT/RESPONDENT: Viridi Farms et al 22CV02329 Economic litigation ~ 17. 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 app/y to this case): Other issues 18. ~ The party or parties request that the following additional matters be considered or determined at the case management conference (speci fy)i 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 (specify): as required by rule 3.724 of the California Rules of Court, the parties agree on the following 20. Total number of pages attached (if any): Iam 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: Mar. 2, 2023 Kevin Sparks (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