Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
CHRISTOPHER E. HASKELL, ESQ. (126745) FOR COURT USE ONIY
SHANNON D. BOYD, ESQ (273574)
PRICE POSTEL & PARMA LLP
200 East Carrillo Street, Fourth Floor, Santa Barbara, CA 93101
TELEPHONE NO.: 805-962-0011 FAX NO. (Optional):
E-MAIL ADDRESS: chaskell@ppplaw.com; sboyd@ppplaw.com
ATTORNEY FOR (Name): STORKE RANCH MASTER ASSOCIATION
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
STREET ADDRESS: 1700 Anacapa Street
MAILING ADDRESS: 1100 Anacapa Street
CITY AND ZIP CODE: Santa Barbara 93101
BRANCH NAME: Anacapa Division
PLAINTIFF/PETITIONER: STORKE RANCH MASTER ASSOCIATION
DEFENDANT/RESPONDENT: JANICE BILOTTI
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE [__] LIMITED CASE 22CV02623
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: September 25, 2023 Time: 8:30 AM Dept.: SB-5 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Christopher E. Haskell
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): Plaintiff Storke Ranch Master Association
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): 07/11/2022
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):
This is a HOA/homeowner dispute. The causes of action alleged by the Association: breach of the CC&Rs; negligence;
declaratory relief; injunctive relief, and breach of the implied covenant of good faith and fair dealing.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California CASE MANAGEMENT STATEMENT tules 3.720-3.730
CM-110 [Rev. September 1, 2021] WWW COUMS.Ca.gOV
CM-110
PLAINTIFF/PETITIONER: STORKE RANCH MASTER ASSOCIATION CASE NUMBER:
DEFENDANT/RESPONDENT: JANICE BILOTTI 22CV02623
4. b. Provide a brief statement of the case, including any damages. (/f 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 seeks to enjoin defendant from using her home as a student dormitory for 10 -15 students; issuing counterfeit parking
permits to her "renters"; remove unapproved and unpermitted improvements, i.e., a garage conversion, backyard sheds,
fencing, and abate Building Code issues (i.e., remove an illegal 2nd kitchen), and other violations of the CC&Rs.
["__] (/f 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 trial anonjury trial. (/f 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):
Attorney will be in trial from 1-29-24 through 2-5-24, 6-26-24 through 7-3-24, 7-17-24 through 7-24-24 and 7-31-24 through
8-7-24.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 2
b. [-_] hours (short causes) (specify):
8. Trial representation (fo 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 [| hasnot 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):
Injunctive and declaratory relief is sought (3.811(b)(1))
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
PLAINTIFF/PETITIONER: STORKE RANCH MASTER ASSOCIATION CASE NUMBER:
DEFENDANT/RESPONDENT: JANICE BILOTTI 22CV02623
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): May 2, 2022
[| Settlement conference not yet scheduled
(2) Settlement rz] [| Settlement conference scheduled for (date):
|x |
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 Cc] [| 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) ro [__]| 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 of5
CM-110
PLAINTIFF/PETITIONER: STORKE RANCH MASTER ASSOCIATION CASE NUMBER:
DEFENDANT/RESPONDENT: JANICE BILOTTI 22CV02623
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. [-__] Amotion to [_] consolidate [| coordinate will 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):
Plaintiff filed a Motion for Issue and Monetary Sanctions which is scheduled to be heard on October 16, 2023.
Plaintiff will file a motion requesting the issuance of a preliminary injunction to enjoin defendant from violating the CC&Rs.
Plaintiff will be filing a Motion for Summary Judgment/Summary Adjudication.
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
Plaintiff Depositions November 2023
c. [___] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. September 7, 2021] CASE MANAGEMENT STATEMENT Page 4 of§
CM-110
PLAINTIFF/PETITIONER: STORKE RANCH MASTER ASSOCIATION CASE NUMBER:
DEFENDANT/RESPONDENT: JANICE BILOTTI 22CV02623
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):
20. Total number of pages attached (if any):
| 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: September 8, 2023
_ : Pe 5
Christopher E. Haskell Esa.
(TYPE OR PRINT NAME)
Chag fo
fl Fees
(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 of5
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA
I am employed in the County of Santa Barbara, State of California. I am over the age of
eighteen (18) and not a party to the within action. My business address is 200 East Carrillo Street,
Fourth Floor, Santa Barbara, California 93101.
On September 8, 2023, I served the foregoing document described as CASE
MANAGEMENT STATEMENT on all interested parties in this action by the original and/or true
copy thereof enclosed in sealed envelopes, addressed as follows:
Janice Bilotti
6838 Silkberry Lane
Goleta, CA 93117
majesticmedicalservices(@gmail.com
BY MAIL: I placed the original and/or true copy in a sealed envelope addressed as
indicated herein. I am readily familiar with the firm’s practice of collection and
10 processing documents for mailing. It is deposited with the U.S. postal service on that
same day in the ordinary course of business. I am aware that on motion of the party
11 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 in affidavit.
12
CI BY PERSONAL DELIVERY: I personally delivered the original and/or true copy in a
13 sealed envelope addressed as indicated herein.
14 C BY OVERNIGHT DELIVERY: I placed the original and/or true copy in a sealed, fully
prepaid FedEx, Next Day Air envelope addressed as indicated herein, which is picked up
15 by FedEx on that same day in the ordinary course of business.
16 CO BY FACSIMILE: Based on an agreement of the parties to accept service by fax
transmission, I faxed the referenced document(s) from fax number (805) 967-3978 at
17 [insert time| to the person(s) indicated herein at the fax number(s) indicated herein. No
error was reported by the fax machine that I used. A copy of the record of the fax
18 transmission, which I printed out, is attached.
19 BY E-MAIL: I caused to be e-mailed a true copy to the e-mail addresses listed herein.
20 (STATE) | declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
21
C (FEDERAL) Uhereby certify that I am employed in the office of a member of the Bar of
22 this Court at whose direction the service was made.
23
Executed on September 8, 2023, at Santa Barbara, California.
24
25 Aeria Bolden
26 Signature
Aeria Bolden
27
28
PRICE, POSTEL
& PARMA LLP
SANTA BARBARA, CA