Preview
E-FILED
8/6/2018 6:48 PM
FRESNO COUNTY SUPERIOR COURT
By: L. Whipple, Deputy
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. I ^ I This statement is submitted by party (name): Zavala
b. I 1 This statement is submitted jointlyby parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffsand cross-complainants only)
a. The complaint was filed on (date): September 12, 2016
b. I I The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. I << I All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. I I The followingparties named in the complaint or cross-complaint
(1) I I have not been served (specify names and explain why not):
(2) II have been served but have not appeared and have not been dismissed (specify names):
(3) I I have had a default entered against them (specify names):
c. I I The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be sen/ed):
4. Description of case
a. Type of case in I ✓ I complaint I I cross-complaint (Describe, including causes of action):
This is a putative class action case alleging violations of California Labor Code Sections 201, 202, 229 and
California Business and Professions Code 17200, et seq.
Fonn Adopted for Mandatory Use Cat. Rules of Court,
Judicial Council of California
CASE MANAGEMENT S TAT E M E N T rules 3 720-3.730
CM-110[Rev. July 1,2011] wm/.courts.ca.gov
C M - 11 0
4. b. Provide a briefstatement of the case, including any damages. (Ifpersonal injury damages are sought, specify the injuryand
damages claimed, including medical expenses to date pndicate source and amount], estimated future medical expenses, lost
earnings to date,,and estimated future l(^tearnings.Jf eguitahle r^ef issoi^ht. describeIhe^ature.of the mlief.).,,. .
This case invdives violations oy Defenaant of CaTiTornia L^or Code^Sfection 229 (Collection of Due and Unpaid
Wages); Sections 201 and 202 (Final Wages Not Timely Paid), and California Business & Professions Code
17200, et seq.
I I (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 I ^ I a jury trial I I a nonjury trial. (If more than one party, provide the name of each party
requestinga Jury trial):
6. Trial date
a. I i The trial
has been set for(date):
b. I ^ I 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):
This case involves complex discovery and extensive case management.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailabiiity):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [jfHJ days (specify number):
b. I i hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial I ✓ I by the attomey or party listed in the caption I I by the following:
a. Attorney:
b. Firm:
c. Address:
d. Te l e p h o n e number: f. Fax number:
e. E-mail address: g. Party represented:
i iAdditional representation is described in Attachment 8.
9. Preference
I IThis case is entitledto 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 for information about the processes available through the
court and community programs in thiscase.
(1) For parties represented by counsel: Counsel has I I has not provided the ADR information package identified
in rule3.221 to the clientand reviewed ADR optionswith the client.
(2) For self-represented parties: Party I I has I I has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicialarbitration or civilaction mediation (ifavailable).
(1) I I This matter is suWect 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) I I Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
CivilProcedure section 1141.11.
(3) I ✓ I This case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Court or from civil action
mediation under Code of CivilProcedure section 1775 et seq. (specifyexemption):
Gal. R. Ct. 3.811(b)(2)
CM-110lRev. July 1,2011] Page 2 of 5
CASE MANAGEMENT S TAT E M E N T
C M - 11 0
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
thisform are willingto 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): stipula&on):
1 1 Mediation session not yet scheduled
1 1 Mediation session scheduled for (date):
\'/\
1 1 Agreed to complete mediation by (date):
\ 1 Mediation completed on (date):
1 1 Settlement conference not yet scheduled
1 1 Settlement conference scheduled for (date):
(2) Settlement 1 1
conference
1 1 Agreed to complete settlement conference by (date):
1 1 Settlement conference completed on (date):
1 1 Neutral evaluation not yet scheduled
1 1 Neutral evaluation scheduled for (date):
(3) Neutral evaluation 1 1
1 1 Agreed to complete neutral evaluation by (date):
1 1 Neutral evaluation completed on (date):
1 i Judicial arbitration not yet scheduled
1 1 Judicial arbitration scheduled for (date):
(4) Nonbinding judicial 1 1
arbitration
1 1 Agreed to complete judicial arbitration by (date):
1 1 Judicial arbitration completed on (date):
1 1 Private arbitration not yet scheduled
1 1 Private arbitration scheduled for (date):
(5) Binding private 1 1
arbitration
1 1 Agreed to complete private arbitration by (date):
1 1 Private arbitration completed on (date):
1 1 ADR session not yet scheduled
1 1 1 1 ADR session scheduled for (date):
(6) Other (specify):
1 1 Agreed to complete ADR session by (date):
1 1 ADR completed on (date):
CM-110 (Rev. July 1,2011) Page 3 of 5
CASE MANAGEMENT S TAT E M E N T
CASE NUMBER:
PLAINTIFF/PETITIONER; Paul Zavala
16CECG02969
DEFENDANT/RESPONDENT: Donaghy Sales, L.L.C
11 .Insurance
a. I IInsurance carrier,Ifany, for party filingthisstatement (name):
b. Resen/ation of rights: I I Yes I I No
0. I ICoverage issues willsignificantlyaffect resolutionof this case (explain):
12. Jurisdiction
Indicate any matters that may affect the courts jurisdiction or processing of this case and describe the status.
I I Bankruptcy I I Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case: Zepeda v. Donaghy Sales
(2) Name of court: Superior Court of California, Fresno County
(3) Case number: "i 7CECG01531
(4) Status: Dismissed
I I Additional cases are described in Attachment 13a.
b. I I A motion to I I consolidate I I coordinate will be filed by f^name party);
14. Bifurcation
I I 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
I ✓ I The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
After sufficient discovery. Plaintiff intends to file a Motion for Ciass Certification; and Motion for Summary
Judgment.
16. Discovery
a. I I The party or parties have completed all discovery.
b. I ^ I The following discovery will be completed by the date specified (describe all anticipated discovery):
Partv Description Date
Plaintiff Written Discovery Per CCP
Plaintiff Depositions Per CCP
c. I I The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Ctt/l-110 [Rov. July 1,2011] Page 4 of 5
CASE MANAGEMENT S TAT E M E N T
C M - 11 0
PLAINTIFF/PETITIONER: Zavala CASENUMBER:
16CECG02969
DEFENDANT/RESPONDENT: DonaShy Sales, L.L.C
17. Economic litigation
a, I I This isa limitedcivil
case (i.e.,
the amount demanded is$25,000 or less) and the economic litigation
procedures in Code
ofCivilProcedure sections90-98 willapply to thiscase.
b. I I This isa limitedcivil
case and a motion to withdraw the case from the economic litigation
procedures or foradditional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to thiscase):
18. Other issues
I I The party or parties request that the following additional matters be considered or determined at the case management
'piam^ff^ifepa^es filing his Motion for Class Certification within 30 days and setting it for hearing in late
October. Assuming the case is certified, Plaintiff proposes an October 2019 trial date, to afford Plaintiff
adequate time to conduct merits based and expert discovery.
19. Meet and confer
a. I I The party or parlies have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (ifnot.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. Totalnumber of pages attached (ifany):
I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resoiution,
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: Augusts, 2018
Shunt Tatavos-Gharajeh
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME) (SIGNATUREOFPARTY OR ATTORNEY)
Additionalsignatures are attached.
CM-110 [Rev. July 1,2011] Page S of 5
CASE MANAGEMENT S TAT E M E N T
PROOF OF SERVICE
1013A(3) CCF
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is: 411 North Central Avenue, Suite
500, Glendale, California 91203.
On August 6, 18,1 served the foregoing document described as
CASE MANAGEMENT STATEMENT REGARDING AUGUST 21,2018 CASE
MANAGEMENT CONFERENCE
on interested parties in this action by placing a true and correct copy thereof enclosed in a sealed
envelope addressed as follows:
Russell K. Ryan
Motschiedler, Michaelides,
Wishon, Brewer & Ryan, LLP
1690 West Shaw Ave., Suite 200
Fresno, CA 93711
Attorneys for Defendant Donaghy Sales, LLC
[X] BY U.S. MAIL
As follows: I am "readily familiar" with the firm's practice of collection and processing
correspondence for mailing. Under that practice, it would be deposited with the U.S.
Postal Service on that day with postage thereon fully prepaid at Glendale, California in
the ordinary course of business. I am aware that on motion of the party served, service is
presumed invalid if the postal cancellation date or postage meter date is more than one
day after the date of deposit for mailing an affidavit.
[XI S TAT E
I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
Executed on August 6, 2018, at Glendale, California.
Cristal Rosales
Preview
E-FILED 8/6/2018 6:48 PM FRESNO COUNTY SUPERIOR COURT By: L. Whipple, Deputy INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. I ^ I This statement is submitted by party (name): Zavala b. I 1 This statement is submitted jointlyby parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffsand cross-complainants only) a. The complaint was filed on (date): September 12, 2016 b. I I The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. I << I All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. I I The followingparties named in the complaint or cross-complaint (1) I I have not been served (specify names and explain why not): (2) II have been served but have not appeared and have not been dismissed (specify names): (3) I I have had a default entered against them (specify names): c. I I The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be sen/ed): 4. Description of case a. Type of case in I ✓ I complaint I I cross-complaint (Describe, including causes of action): This is a putative class action case alleging violations of California Labor Code Sections 201, 202, 229 and California Business and Professions Code 17200, et seq. Fonn Adopted for Mandatory Use Cat. Rules of Court, Judicial Council of California CASE MANAGEMENT S TAT E M E N T rules 3 720-3.730 CM-110[Rev. July 1,2011] wm/.courts.ca.gov C M - 11 0 4. b. Provide a briefstatement of the case, including any damages. (Ifpersonal injury damages are sought, specify the injuryand damages claimed, including medical expenses to date pndicate source and amount], estimated future medical expenses, lost earnings to date,,and estimated future l(^tearnings.Jf eguitahle r^ef issoi^ht. describeIhe^ature.of the mlief.).,,. . This case invdives violations oy Defenaant of CaTiTornia L^or Code^Sfection 229 (Collection of Due and Unpaid Wages); Sections 201 and 202 (Final Wages Not Timely Paid), and California Business & Professions Code 17200, et seq. I I (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 I ^ I a jury trial I I a nonjury trial. (If more than one party, provide the name of each party requestinga Jury trial): 6. Trial date a. I i The trial has been set for(date): b. I ^ I 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): This case involves complex discovery and extensive case management. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailabiiity): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [jfHJ days (specify number): b. I i hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial I ✓ I by the attomey or party listed in the caption I I by the following: a. Attorney: b. Firm: c. Address: d. Te l e p h o n e number: f. Fax number: e. E-mail address: g. Party represented: i iAdditional representation is described in Attachment 8. 9. Preference I IThis case is entitledto 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 for information about the processes available through the court and community programs in thiscase. (1) For parties represented by counsel: Counsel has I I has not provided the ADR information package identified in rule3.221 to the clientand reviewed ADR optionswith the client. (2) For self-represented parties: Party I I has I I has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicialarbitration or civilaction mediation (ifavailable). (1) I I This matter is suWect 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) I I Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of CivilProcedure section 1141.11. (3) I ✓ I This case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Court or from civil action mediation under Code of CivilProcedure section 1775 et seq. (specifyexemption): Gal. R. Ct. 3.811(b)(2) CM-110lRev. July 1,2011] Page 2 of 5 CASE MANAGEMENT S TAT E M E N T C M - 11 0 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 thisform are willingto 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): stipula&on): 1 1 Mediation session not yet scheduled 1 1 Mediation session scheduled for (date): \'/\ 1 1 Agreed to complete mediation by (date): \ 1 Mediation completed on (date): 1 1 Settlement conference not yet scheduled 1 1 Settlement conference scheduled for (date): (2) Settlement 1 1 conference 1 1 Agreed to complete settlement conference by (date): 1 1 Settlement conference completed on (date): 1 1 Neutral evaluation not yet scheduled 1 1 Neutral evaluation scheduled for (date): (3) Neutral evaluation 1 1 1 1 Agreed to complete neutral evaluation by (date): 1 1 Neutral evaluation completed on (date): 1 i Judicial arbitration not yet scheduled 1 1 Judicial arbitration scheduled for (date): (4) Nonbinding judicial 1 1 arbitration 1 1 Agreed to complete judicial arbitration by (date): 1 1 Judicial arbitration completed on (date): 1 1 Private arbitration not yet scheduled 1 1 Private arbitration scheduled for (date): (5) Binding private 1 1 arbitration 1 1 Agreed to complete private arbitration by (date): 1 1 Private arbitration completed on (date): 1 1 ADR session not yet scheduled 1 1 1 1 ADR session scheduled for (date): (6) Other (specify): 1 1 Agreed to complete ADR session by (date): 1 1 ADR completed on (date): CM-110 (Rev. July 1,2011) Page 3 of 5 CASE MANAGEMENT S TAT E M E N T CASE NUMBER: PLAINTIFF/PETITIONER; Paul Zavala 16CECG02969 DEFENDANT/RESPONDENT: Donaghy Sales, L.L.C 11 .Insurance a. I IInsurance carrier,Ifany, for party filingthisstatement (name): b. Resen/ation of rights: I I Yes I I No 0. I ICoverage issues willsignificantlyaffect resolutionof this case (explain): 12. Jurisdiction Indicate any matters that may affect the courts jurisdiction or processing of this case and describe the status. I I Bankruptcy I I Other (specify): Status: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: Zepeda v. Donaghy Sales (2) Name of court: Superior Court of California, Fresno County (3) Case number: "i 7CECG01531 (4) Status: Dismissed I I Additional cases are described in Attachment 13a. b. I I A motion to I I consolidate I I coordinate will be filed by f^name party); 14. Bifurcation I I 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 I ✓ I The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): After sufficient discovery. Plaintiff intends to file a Motion for Ciass Certification; and Motion for Summary Judgment. 16. Discovery a. I I The party or parties have completed all discovery. b. I ^ I The following discovery will be completed by the date specified (describe all anticipated discovery): Partv Description Date Plaintiff Written Discovery Per CCP Plaintiff Depositions Per CCP c. I I The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Ctt/l-110 [Rov. July 1,2011] Page 4 of 5 CASE MANAGEMENT S TAT E M E N T C M - 11 0 PLAINTIFF/PETITIONER: Zavala CASENUMBER: 16CECG02969 DEFENDANT/RESPONDENT: DonaShy Sales, L.L.C 17. Economic litigation a, I I This isa limitedcivil case (i.e., the amount demanded is$25,000 or less) and the economic litigation procedures in Code ofCivilProcedure sections90-98 willapply to thiscase. b. I I This isa limitedcivil case and a motion to withdraw the case from the economic litigation procedures or foradditional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to thiscase): 18. Other issues I I The party or parties request that the following additional matters be considered or determined at the case management 'piam^ff^ifepa^es filing his Motion for Class Certification within 30 days and setting it for hearing in late October. Assuming the case is certified, Plaintiff proposes an October 2019 trial date, to afford Plaintiff adequate time to conduct merits based and expert discovery. 19. Meet and confer a. I I The party or parlies have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (ifnot.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. Totalnumber of pages attached (ifany): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resoiution, 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: Augusts, 2018 Shunt Tatavos-Gharajeh (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATUREOFPARTY OR ATTORNEY) Additionalsignatures are attached. CM-110 [Rev. July 1,2011] Page S of 5 CASE MANAGEMENT S TAT E M E N T PROOF OF SERVICE 1013A(3) CCF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is: 411 North Central Avenue, Suite 500, Glendale, California 91203. On August 6, 18,1 served the foregoing document described as CASE MANAGEMENT STATEMENT REGARDING AUGUST 21,2018 CASE MANAGEMENT CONFERENCE on interested parties in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as follows: Russell K. Ryan Motschiedler, Michaelides, Wishon, Brewer & Ryan, LLP 1690 West Shaw Ave., Suite 200 Fresno, CA 93711 Attorneys for Defendant Donaghy Sales, LLC [X] BY U.S. MAIL As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that day with postage thereon fully prepaid at Glendale, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing an affidavit. [XI S TAT E I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on August 6, 2018, at Glendale, California. Cristal Rosales