arrow left
arrow right
  • Kimberly M Jones vs Left Coast Inspection LLC et alUnlimited Professional Negligence (25) document preview
  • Kimberly M Jones vs Left Coast Inspection LLC et alUnlimited Professional Negligence (25) document preview
  • Kimberly M Jones vs Left Coast Inspection LLC et alUnlimited Professional Negligence (25) document preview
  • Kimberly M Jones vs Left Coast Inspection LLC et alUnlimited Professional Negligence (25) document preview
  • Kimberly M Jones vs Left Coast Inspection LLC et alUnlimited Professional Negligence (25) document preview
  • Kimberly M Jones vs Left Coast Inspection LLC et alUnlimited Professional Negligence (25) document preview
  • Kimberly M Jones vs Left Coast Inspection LLC et alUnlimited Professional Negligence (25) document preview
  • Kimberly M Jones vs Left Coast Inspection LLC et alUnlimited Professional Negligence (25) document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Thomas S. Gelini (154314) Jennifer A. Kung Gelini (169364) Bennett, Gelini & Gelini, APC 1301 Marina Village Parkway, Suite 300 Alameda, CA 94501-1084 TELEPHONE NO.: 510-444-7688 FAX NO. (Optional): 510-444-5849 E-MAIL ADDRESS: tgelini@bsralaw.com ATTORNEY FOR (Name): Judy Wood SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: 1100 Anacapa St MAILING ADDRESS: CITY AND ZIP CODE: Santa Barbara, CA 93101 BRANCH NAME: PLAINTIFF/PETITIONER: Kimberly Jones DEFENDANT/RESPONDENT: Judy Wood CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE 23CV00522 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 8/14/2023 Time: 8:30 AM Dept.: 5 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Jennifer A. Kung Gelini 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): Defendant Judy Wood 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): 2/7/2023 b. The cross-complaint, if any, was filed on (date): 6/21/2023 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): Property Damage 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: Kimberly Jones CASE NUMBER: DEFENDANT/RESPONDENT: Judy Wood 23CV00522 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 claims pre-sale home inspections fell below the standard of care , claims damages of $4 million. Defendant fully disputes liability. (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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 15-20 days 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): PLAINTIFF/PETITIONER: Kimberly Jones CASE NUMBER: CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 DEFENDANT/RESPONDENT: Judy Wood 23CV00522 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): PLAINTIFF/PETITIONER: Kimberly Jones CASE NUMBER: DEFENDANT/RESPONDENT: Judy Wood 23CV00522 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Ameritrust CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 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): Possible MSJ 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 ongoing Defendant Site Inspection To be set Defendant Deposition To be set c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): PLAINTIFF/PETITIONER: Kimberly Jones CASE NUMBER: DEFENDANT/RESPONDENT: Judy Wood 23CV00522 CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 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): Parties are meeting and conferring as to a site inspection date. 20. Total number of pages attached (if any): 2 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 27, 2023 Thomas S. Gelini ► (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 TRIAL DATES Updated: 7/27/2023 Date Case Name County Case Number 8/9/2023 Sidlo v. Southland Building & Remodel Los Angeles 21STCV40496 8/11/2023 Morrissey v. Cabrillo Properties San Diego 37-202100052421 8/14/2023 Alberto v R & E Management Group Los Angeles 20STCV44357 8/14/2023 Carrillo, et al v. Nettle 1031, LLC, et al Los Angeles 19STCV12714 8/21/2023 Thayer v. Acco Los Angeles 21STCV28883 9/11/2023 Blackwell v Tesla, Inc. Alameda RG19029647 9/11/2023 Campos v. Silva, Meza San Francisco CGC-22-600561 9/12/2023 Raiford v. Weston Apartments Los Angeles 19STCV44684 9/25/2023 Malcolm v. Toliver Alameda RG21100736 9/26/2023 Batres v. Hsiang/Metaxas Los Angeles 21STCV16632 9/26/2023 Schein Cai (Wang) Los Angeles 21STCV39936 9/29/2023 Lau v Woodstock Homes Corpo Alameda RG21109087 10/9/2023 Wang v. McVeigh San Francisco CGC-22-598517 10/11/2023 Schein & Cai (State Farm) Los Angeles 21STCV33100 10/16/2023 Jeronimo, et al v. B & G Realty, et al Los Angeles 21STCV10634 10/16/2023 Schein & Cai (BK Remodelers, Inc.) (Stillwater) Los Angeles 22STCV04309 10/17/2023 Brown v 4027 Abourne Road, LLC Los Angeles 21STCV23429 10/23/2023 In Re: Davis Street Community Center ALJ CSPP8028 10/30/2023 Alitoro v. Feingold Los Angeles 21STCV42750 10/30/2023 Lee v Mills, et al San Francisco CGC-21-594324 10/30/2023 Gomez v 4053 Oakwood LLC Los Angeles 22STCV36627 11/7/2023 Sanchez, et al. v. Ford, et al. Los Angeles 22STCV15543 11/8/2023 Gonzalez v. Regency Management Co Los Angeles 21STCV43796 11/13/2023 Martinez v. Vitari (Ministerio) San Francisco CGC-20-586735 11/27/2023 Moultrie v. Perez San Francisco CGC-21-593394 12/6/2023 Berrios v Lurel, LLC Los Angeles 21STCV33107 12/6/2023 Juarez v Mar Vista Los Angeles 21STCV13193 12/11/2023 Kaneshiro v. City of Alameda Alameda 22CV01572 12/18/2023 Vasell v. Newsat, LLC Los Angeles 22STCV20908 1/8/2024 Hanlin v. Sojourn Properties San Francisco CGC-19-581323 1/12/2024 Mora v Herc Rentals Los Angeles 21STCV15616 1/16/2024 Robinson v. Chinatown Community San Francisco CGC-22-597463 1/29/2024 Mogharebi v. Cassidy's Bar & Grill Orange 30-2021-01189579 1/29/2024 Espino v. City of Alameda Alameda 22CV011717 2/5/2024 Cartwright v. Determan, et al. San Francisco CGC-22-602871 2/23/2024 Thomas v. City of Alameda, et al. Alaemda 22CV006600 2/26/2024 Schroeder v. Shalileh Alameda 22CV011276 2/26/2024 Heck v. Hom (Habitability) San Francisco CGC-22-601122 3/11/2024 Gangsei v. Boschetti San Francisco CGC-22-600772 3/25/2024 Weeks v. Kwok San Francisco CGC-22-602199 4/2/2024 Angel v. Bluewater Property Investments, et al Los Angeles 21STCV34336 4/15/2024 Hutson v. 1701-1703 36th Avenue Alameda 22CV014867 4/22/2024 Yun v. Pico Building Supply Los Angeles 21STCV26615 5/6/2024 Morales v. H&M Trucking Fresno 21CECG01167 5/6/2024 Sanchez v. H&M Trucking Fresno 20CECG03504 5/13/2024 Rasheed v. Faussner Alameda 21CV004623 5/13/2024 Buscher v Chilton Alameda 22CV014705 5/17/2024 Martinez v. Lee Alameda 22CV014527 5/28/2024 Cashion v. Schreier San Francisco CGC-21-595028 6/3/2024 Wu v Cooke, et al San Francisco CGC-22-601517 6/3/2024 Nunn v. Coronado Apartments Alameda 22CV012944 6/10/2024 Terrones v. Shahram Propety Dev. Los Angeles 23STCV06757 6/21/2024 Gregory v. City of Alameda Alameda 22CV016103 6/24/2024 Payne v. Bayfair East Apartments Alameda 22CV008169 7/1/2024 Roth v. Fong San Joaquin 2022-0007516 7/1/2024 Elrod v 974 Gramercy Los Angeles 22STCV34192 7/15/2024 Bouab v. Hsu San Francisco CGC-22-602242 7/29/2024 Lopez v. Big Bear Cool Cabins Los Angeles 21STCV15465 8/5/2024 Zurich v. Automotion Orange 2022-01251875 8/20/2024 Arreguin v. Lerner Los Angeles 23STCV03591 8/24/2024 Doe v. OUSD Alameda RG21087567 9/20/2024 Kaur v Mosleh Alameda 22CV022897 1/6/2025 Cardona v. 14735 Blythe Street LLC Los Angeles 21STCV24996 TRIAL DATES Updated: 7/27/2023 1/21/2025 Eifler v. Carollo Sacramento 2022-00324813 1 2 PROOF OF SERVICE 3 I am a resident of the State of California, over the age of eighteen years, and not a 4 party to the within action. My business address is BENNETT, GELINI & GELINI, APC, 1301 5 Marina Village Parkway, Suite 300, Alameda, California 94501. 6 On July 27, 2023, I served the following document(s) by the method indicated below: 7 DEFENDANT CASE MANAGEMENT STATEMENT 8 ☐ BY MAIL - by placing the document(s) listed above in a sealed envelope with postage 9 thereon fully prepaid, in the United States mail at Alameda, California addressed as set forth below: 10 BY EMAIL - by electronically transmitting a true copy thereof via computer, addressed 11 to the person(s) and email address(es) below: 12 Majed Dakak Catherine L. Deter (SBN 297680) 13 Kesselman Brantly Stockinger LLP Brianna J. Kutinksy (SBN 340723) 1230 Rosecrans Avenue, Suite 400 Wood, Smith, Henning & Berman LLP 14 Manhattan Beach, CA 90266 6A Liberty Street, Suite 200 Ph: 310-307-4555 Aliso Viejo, California 92656 15 Fax: 310-307-4570 Tel: 949-757-4500 mdakak@kbslaw.com Fax: 949-757-4550 16 cdeter@wshblaw.com 17 Attorneys for Plaintiff Kimberly M. Jones bkutinksy@wshblaw.com 18 Attorneys for Def Left Coast Inspections, LLC 19 20 I declare under penalty of perjury under the laws of the State of California that the 21 above is true and correct. Executed on July 27, 2023, at Alameda, California. 22 23 ___________________________________ 24 Shreya Jani 25 26 27 28 -6- DEFENDANT CASE MANAGEMENT STATEMENT