Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Ryan E. Abernethy SBN 267538
weintraub tobin coleman chediak grodin a law corporation
400 Capitol Mall, 11th Floor
Sacramento, CA 95814
916.558.6000
TELEPHONE NO.: FAX NO. (Optional): 916.446.1611
rabernethy@weintraub.com
E-MAIL ADDRESS:
ATTORNEY FOR (Name): Sonoma Academy
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
STREET ADDRESS: 3055 Cleveland Avenue
MAILING ADDRESS:
CITY AND ZIP CODE: Santa Rosa, CA 95403
BRANCH NAME:
PLAINTIFF/PETITIONER: David Suchard, et al.
DEFENDANT/RESPONDENT: Sonoma Academy
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE
SCV-270984
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 23, 2023 Time: 3:00 p.m. Dept.: 19 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Ryan E. Abernethy
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): Sonoma Academy
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): The complaint
alleges the following causes of action: 1) Unfair Business Practices; 2) Violations of California's False Advertisign
Law; 3) Constructive Fraud; and 4) Fraud by Concealment.
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
CM-110
PLAINTIFF/PETITIONER: David
Suchard, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Sonoma Academy SCV-270984
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.)
Plaintiffs' class-action complaint is based on a novel theory of liability that attempts to convert potential abuse that allegedly
happened to a few students at Defendant Sonoma Academy (the "School"), into a consumer class action that attempts to
be brought on behalf of anyone who paid tution to the School, regardless of whether the putative class members were
actually, or even theoretically, harmed in any way. Defendant successfully demurred in this action previously. Plaintiffs filed
a First Amended Complaint, which did not rectify the many deficiencies, so Defendants must demurrer again.
(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. 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):
4/14/2023 (Pretrial Conf.); 4/28/2023-5/02/2023 (Trial); 5/8/2023-5/16/2023 (Trial); 5/16/2023-5/30/2023 (Trial);
8/14/2023 (Final Status Conf.); 8/21/2023-8/29/2023 (Trial)
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] CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
PLAINTIFF/PETITIONER: David
Suchard, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Sonoma Academy SCV-270984
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
(6) Other (specify): 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 5
CM-110
PLAINTIFF/PETITIONER: David
Suchard, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Sonoma Academy SCV-270984
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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
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
Sonoma Academy Written Discovery Per Code
Sonoma Academy Depositions Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5
CM-110
PLAINTIFF/PETITIONER: David
Suchard, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Sonoma Academy SCV-270984
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):
Defendants will be filing a demurrer to Plaintiffs' First Amended Complaint. Defendants' Counsel is currently
trailing and on-call for trial in the Santa Clara Superior Court. Given this, Plaintiffs' Counsel have gracious agreed
to extend Defendants' deadline to file the demurrer by two weeks to April 18, 2023.
In the tentative ruling for this case management conference, the Court indicated that it has "yet to recieve a copy
of the final order on the demurrer ruling for signature as required the adopted tentative ruling." However, the
February 8, 2023 Minute Order indicated that "The Court adopts its previously published tentative ruling." On
February 22, 2023, our office filed a Notice of Entry of Order on Defendant's Demurrer, attaching a copy of that
Minute Order, and served Plaintiffs' Counsel the same day.
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: March 21, 2023
Ryan E. Abernethy
(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] CASE MANAGEMENT STATEMENT Page 5 of 5
1 Re: David Suchard, et al v. Sonoma Academy
Sonoma County Superior Court Case No. SCV-270984
2
PROOF OF SERVICE
3
I, the undersigned, declare:
4
I am a citizen of the United States, employed in the City and County of Sacramento,
5 California. My business address is 400 Capitol Mall, 11th Floor, Sacramento, California 95814 and
my email address is rcarrillo@weintraub.com. I am over the age of 18 years and not a party to the
6 within action.
7 On March 21, 2023 I caused to be served the attached, and all exhibits thereto:
8 CASE MANAGEMENT STATEMENT
(CMC 3/27/23)
9
10 [ ] (BY U.S. MAIL [CCP § 1013]) I placed such sealed envelope, addressed as follows, in the
designated area for outgoing mail in accordance with this office’s practice, whereby the mail
11 is collected, sealed, postage thereon fully prepaid for first-class mail and deposited in a United
weintraub tobin chediak coleman grodin
States mailbox that same day.
12
[ ] (BY PERSONAL SERVICE) I caused each such envelope to be delivered by hand to the
13 addressees at the addresses listed below.
14 [ ] (VIA FACSIMILE) I caused each such document to be sent by facsimile machine number
(916) 446-2640 to the following persons or their representative at the addresses and the
15 facsimile numbers listed below.
16 [X] (VIA EMAIL [CRC § 2.251/CCP § 1016(e)(1)]) I caused each such document to be sent by
law corporation
electronic mail to the addressees at the email addresses listed below.
17
[ ] (VIA FEDERAL EXPRESS) I caused each such envelope to be delivered via Federal Express
18 overnight service to the addressees at the addresses listed below.
19 Attorneys for Plaintiffs Attorneys for Plaintiffs
Jack W. Weaver Alexander M. Schack
20 Rachael M. Mache Natasha N. Serino
WELTY, WEAVER & CURRIE Shannon F. Nocon
21 3554 Round Barn Blvd., Suite 300 SCHACK LAW GROUP
Santa Rosa, Ca 95403 16870 West Bernardo Drive, Suite 400
22 Telephone: (707) 433-4842 San Diego, CA 92127
Facsimile: (707) 473-9778 Telephone: (858) 485-6535
23 Email: jack@weltyweaver.com Facsimile: (858) 485-0608
rachael@weltyweaver.com Email: alexschack@schacklawgroup.com
24 natashascrino@schacklawgroup.com
shannonnocon@schacklawgroup.com
25
26 I declare under the penalty of perjury under the laws of the state of California that the
foregoing is true and correct. Executed at Sacramento, California, on March 21, 2023.
27
__________________________________________
28 Serena Heller
{3748188.DOCX:}
PROOF OF SERVICE