Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Marla G. Ness, Esq. State Bar No. 119367
LAW OFFICES OF KAREN M. JOHNSON
17771 Cowan, Suite 260
Irvine, CA 92614
TELEPHONE NO.: 949-590-4065 FAX NO. (Optional): 949-774-4241
E-MAIL ADDRESS: marla.ness@amtrustgroup.com
ATTORNEY FOR (Name): Defendant, PACIFICA HOTEL PACIFIC, LP
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS: 1200 Aguajito Road
MAILING ADDRESS:
CITY AND ZIP CODE: Monterey, CA 93940
BRANCH NAME:
PLAINTIFF/PETITIONER: HAWKINS HALL, et al.
DEFENDANT/RESPONDENT: PACIFICA HOTEL PACIFIC, LP, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE 23CV000189
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: August 15, 2023 Time: 9:00AM Dept.: 14 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Marla G. Ness, Esq.
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): Pacifica Hotel Pacific, LP
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):
Plaintiff brings causes of action for negligence and premises liability for an alleged dangerous condition on property owned,
maintained and controlled by Defendant.
Page 1 of 5
Cal. Rules of Court,
Form Adopted for Mandatory Use
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: HAWKINS HALL, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: PACIFICA HOTEL PACIFIC, LP, et al. 23CV000189
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.)
Plaintiff alleges general damages and special damages in the form of medical and incidental expenses in an amount according
to proof.
(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):
10/23/23, 11/27/23, 11/30/23, 12/4/23, 12/18/23, 1/2/24, 2/13/24. 3/4/24
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 3-5
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] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: HAWKINS HALL, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: PACIFICA HOTEL PACIFIC, LP, et al. 23CV000189
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
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. September 1, 2021] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: HAWKINS HALL, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: PACIFICA HOTEL PACIFIC, LP, et al. 23CV000189
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name): Associated Industries Insurance Company
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
Defendant Written Discovery Oct. 2023
Defendant Plaintiff's Deposition Oct. 2023
Defendant Expert Discovery 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] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: HAWKINS HALL, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: PACIFICA HOTEL PACIFIC, LP, et al. 23CV000189
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):
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):
The parties area working cooperatively through discovery. After written discovery is completed, Plaintiff's deposition will
be taken. Defendant agrees to private mediation.
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: July 26, 2023
Marla G. Ness, Esq.
(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
1 PROOF OF SERVICE
2 I, the undersigned, declare as follows:
3 I am employed in the County of Orange, State of California. I am over the age of 18 years, and
not a party to the within action. I am an employee of or agent for LAW OFFICES OF KAREN M.
4 JOHNSON, whose business address is 17771 Cowan, Ste. 260, Irvine, CA 92614.
5 On July 26, 2023, I served the foregoing document(s):
6 PACIFICA HOTEL PACIFIC, LP’S CASE MANAGEMENT STATEMENT
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to the following party(ies) in this action addressed as follows:
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PLEASE SEE ATTACHED SERVICE LIST
9
(BY MAIL) I caused a true copy of each document, placed in a sealed envelope with postage
LAW OFFICES OF KAREN M. JOHNSON
10 fully paid, to be placed in the United States mail at Irvine, California. I am “readily familiar”
with this firm’s business practice for collection and processing of mail, that in the ordinary
11 course of business said document(s) would be deposited with the U.S. Postal Service on that
same day. I understand that the service shall be presumed invalid if the postal cancellation date
TEL 949.590.4064 • FAX 949.774.4241
12 or postage meter date on the envelope is more than one day after the date of deposit for mailing
contained in this affidavit.
17771 COWAN, SE. 260
13
IRVINE, CA 92614
(BY PERSONAL SERVICE) I caused to be delivered each such document by hand to each
14 addressee above.
15 (BY OVERNIGHT DELIVERY) I caused a true copy of each document, placed in a sealed
envelope with delivery fees provided for, to be deposited in a box regularly maintained by
16 Federal Express(Fedex). I am readily familiar with this firm’s practice for collection and
processing of documents for overnight delivery and know that in the ordinary course of business
17
practice the document(s) described above will be deposited in a box or other facility regularly
18 maintained by Fedex or delivered to a courier or driver authorized by Fedex to receive
documents on the same date it is placed for collection.
19
(BY FACSIMILE) By use of facsimile machine number (949) 774-4241, I served a copy of the
20 within document(s) on the above interested parties at the facsimile numbers listed above. The
transmission was reported as complete and without error. The transmission report was properly
21 issued by the transmitting facsimile machine.
22 (ONLY BY ELECTRONIC TRANSMISSION) Only by e-mailing the documents(s) to the persons at
the email address(es) listed, pursuant to California Code of Civil Procedure section 1010.6(e)(1),
23 effective January 1, 2021.
24 Executed on July 26, 2023, in Irvine, California.
25 I declare under penalty of perjury under the laws of the State of California that the above is true
and correct.
26
27 ________________________________________
Laurie Noble
28
PROOF OF SERVICE
1 Hall v. Pacifica Hotel Pacific, LP
CASE NO: 23CV000189
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SERVICE LIST
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Anh H. Phoong, Esq.
5 Diana L. Thomas, Esq.
6 PHOONG LAW CORPORATION
2725 Riverside Boulevard
7 Sacramento, CA 95818
T: 916-993-8220
8
F: 916-758-2660
9 alex@phoonglaw.com
LAW OFFICES OF KAREN M. JOHNSON
diana@phoonglaw.com
10
elizabeth@phoonglaw.com
11
Attorneys for Plaintiff,
TEL 949.590.4064 • FAX 949.774.4241
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HAWKINS HALL
17771 COWAN, SE. 260
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IRVINE, CA 92614
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PROOF OF SERVICE
LAW OFFICES OF KAREN M. JOHNSON
17771 COWAN, SE. 260
IRVINE, CA 92614
TEL 949.590.4064 • FAX 949.774.4241
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