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  • Suchard  vs Sonoma Academy07: Unlimited Business Tort/Unfair Business Practice document preview
  • Suchard  vs Sonoma Academy07: Unlimited Business Tort/Unfair Business Practice document preview
  • Suchard  vs Sonoma Academy07: Unlimited Business Tort/Unfair Business Practice document preview
  • Suchard  vs Sonoma Academy07: Unlimited Business Tort/Unfair Business Practice document preview
  • Suchard  vs Sonoma Academy07: Unlimited Business Tort/Unfair Business Practice document preview
  • Suchard  vs Sonoma Academy07: Unlimited Business Tort/Unfair Business Practice document preview
  • Suchard  vs Sonoma Academy07: Unlimited Business Tort/Unfair Business Practice document preview
  • Suchard  vs Sonoma Academy07: Unlimited Business Tort/Unfair Business Practice document preview
						
                                

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: SCV-270984 (Check one): ~ UNLIMITED CASE □ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 29, 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 (Describe, including causes of action): The complaint a. Type of case in complaint □ cross-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 Suchard, et al. PLAINTIFF/PETITIONER: David 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 have demurrered 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 requesting a jury trial): □ a jury triaI □ a nonjury trial. (If more than one party, provide the name of each party 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): 8/14/2023 (Final Status Conf.); 8/21/2023-8/29/2023 (Trial); 9/18/2023-10/6/2023 (Trial); 2/18/2025 (MSC); 4/8/2025 (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) □ mediation This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action 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 Suchard, et al. PLAINTIFF/PETITIONER: David 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 arbitration □ □ Judicial arbitration scheduled for (date): □ 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 Suchard, et al. PLAINTIFF/PETITIONER: David 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 Suchard, et al. PLAINTIFF/PETITIONER: David 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 have filed a demurrer to Plaintiffs' First Amended Complaint. The hearing is scheduled for June 23, 2023. Defendants have also filed a motion for protective order. That hearing is scheduled for July 5, 2023. 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: June 14, 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 June 14, 2023 I caused to be served the attached, and all exhibits thereto: 8 CASE MANAGEMENT STATEMENT (CMC 6/29/23) 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 Paralegal - Shannon Monaco natashaserino@schacklawgroup.com shannon@weltyweaver.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 June 14, 2023. 27 __________________________________________ 28 Serena Heller {3900766.DOCX:} PROOF OF SERVICE